What does Assured shorthold tenancy mean? An assured shorthold tenancy (AST) is the standard agreement used to let a dwelling to a private residential tenant in England. It is a statutory form of assured tenancy under the Housing Act 1988 (as amended). In practice, most private lettings are ASTs unless an exclusion applies (for example, a resident landlord, business or holiday letting, a company let, or certain high‑rent tenancies). Key features include: - Fixed‑term or periodic terms at market rent. - Landlord possession routes: section 21 Housing Act 1988 (no‑fault) and section 8 (fault‑based grounds in Schedule 2, such as rent arrears). - Strict preconditions for section 21, including...
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Section 21A of the Housing Act 1988 (HA 1988) was introduced by section 38 of the Deregulation Act 2015 (DA 2015), and covers all tenancies created on or after 1 October 2015. Under HA 1988, s 21A, a landlord must satisfy the relevant ‘prescribed Requirements’ before a notice can validly be served pursuant to HA 1988, s 21. Those ‘prescribed requirements’ are set out in the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (Prescribed Requirements Regs 2015), SI 2015/1646. In effect, the new HA 1988, s 21A states that a notice under subsections (1) or (4) of section 21 cannot be given in relation to an assured shorthold tenancy of a dwelling-house in England while the landlord is in breach of a prescribed requirement. It further provides that the matters capable of being prescribed are obligations placed on landlords by any enactment that concern: (a) the state and condition of dwelling-houses and their common parts; (b) the health and safety of those occupying dwelling-houses; or (c) the energy performance of dwelling-houses. The applicable requirements referred to in HA 1988, s 21A are contained within the Prescribed Requirements Regs 2015, SI...
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 ]...