REALWorld Law

Are there any categories of residential leases that are subject to specific laws (e.g. short term leases for tourists; state supported leases for low income tenants, leases for students, etc.)?

Yes, for all private sector residential leases. However, there is a complaints process where a tenant has previously had an agreement for the same property and rent is increased at an unreasonable level. Rents for social housing can be capped by planning restrictions and limited to an affordable level.

Last modified 22 Mar 2024

Are there any categories of residential leases that are subject to specific laws (e.g. short term leases for tourists; state supported leases for low income tenants, leases for students, etc.)?

Yes, but this would need to be agreed at the outset and would be unusual for a tenant to accept. If a fixed-term agreement is in place a landlord could only increase the rent at the end of the term by a reasonable amount.

Last modified 22 Mar 2024

Are there any categories of residential leases that are subject to specific laws (e.g. short term leases for tourists; state supported leases for low income tenants, leases for students, etc.)?

Yes, other than at the end of the term, a landlord may only terminate a lease for a failure to pay rent or material breach of an obligation. Possession requires a court order.

Last modified 22 Mar 2024

Are there any categories of residential leases that are subject to specific laws (e.g. short term leases for tourists; state supported leases for low income tenants, leases for students, etc.)?

A tenant can only terminate by agreement, by assignment, by subletting (if allowed) or by material breach by the landlord. It is fairly usual for a break clause exercisable by the tenant to be included in the assured shorthold tenancy to allow the tenant to leave before the end of the term (but after a minimum term).

Last modified 22 Mar 2024

Are there any categories of residential leases that are subject to specific laws (e.g. short term leases for tourists; state supported leases for low income tenants, leases for students, etc.)?

A court order is needed for possession during the term. A possession order does not take effect until the tenant has been living in the property for six months.

In order to bring proceedings for failure to pay rent the landlord must give either 14 days' notice or two months' notice depending on the breach and type of tenancy. Most tenants tend to leave once this is issued. However, if the tenants don’t leave it will generally take between 6–8 weeks for a judge to grant a possession order. Tenants then have 14 days to vacate following which a bailiff needs to be appointed to remove them. This can take 5–10 weeks.

Last modified 22 Mar 2024

Are there any categories of residential leases that are subject to specific laws (e.g. short term leases for tourists; state supported leases for low income tenants, leases for students, etc.)?

It is more usual for the rent to be all inclusive and reflect any insurance, taxes etc which the landlord is liable for as owner of the reversion. With modern build to rent, it is often used as a selling point that all utility bills, such as broadband and heating, are also included in the monthly figure. This is felt to be one of the advantages of renting.

Last modified 22 Mar 2024

Are there any categories of residential leases that are subject to specific laws (e.g. short term leases for tourists; state supported leases for low income tenants, leases for students, etc.)?

Only a residential lease of more than 21 years needs to be registered. Assured shorthold tenancies are not registerable. There is a complicated land tax for long lease and freehold purchases, but AST's do not incur taxes for the tenant.

Last modified 22 Mar 2024

Are there any categories of residential leases that are subject to specific laws (e.g. short term leases for tourists; state supported leases for low income tenants, leases for students, etc.)?

Long leaseholders have the right of pre-emption, right to manage and right to purchase the freehold. It is possible to structure around the pre-emption rights, but the right to purchase the freehold and manage are very difficult to avoid.

Last modified 22 Mar 2024