What does Secure tenancy mean? In social housing practice, a secure tenancy is a residential letting that gives a tenant strong security of tenure and statutory rights, typically when renting from a local authority. In England, the term is defined and regulated by Part IV of the Housing Act 1985. A tenancy is “secure” where the landlord is a local authority or specified public body and the statutory landlord and tenant conditions are met, unless an exception applies. Core features include: eviction only by court order on statutory grounds (Schedule 2), notice requirements, succession rights, limited assignment and mutual exchange, rights to repair/improve with consent, and...
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A Secure tenancy may be reduced to a 12-month probationary tenancy where the tenant has engaged in housing-related anti-social behaviour or has used the home for unlawful purposes. Where a demotion order is made and the tenant stays in occupation, the secure tenancy ends on the date specified and a demoted tenancy begins. Comparable powers apply to registered housing providers for assured tenants under the Housing Act 1988 (HA 1988).
'Housing-related anti-social conduct' means behaviour that:
Such conduct includes:
'Use of property for unlawful purposes' covers conduct that consists of, or involves, using or threatening to use housing accommodation for an unlawful purpose.
The statutory demotion regime for anti-social behaviour applies only where the landlord is a 'relevant landlord', namely a:
A court must be satisfied before...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...