The vast majority of private (and many social) residential tenancies in England & Wales are protected by the Housing Act 1988. A good working knowledge of this legislation is therefore essential for anyone finding themselves dealing with residential property.
This course is aimed at lawyers and property professionals with some understanding of landlord and tenant law who find themselves dealing with tenanted property and need to advise private sector landlords, tenants, purchasers, mortgagees, surveyors, and lettings and block managing agents in this area.
This course will examine the Act in detail, consider the most important cases that explain and affect it, and review the further amendments that alter it, including the Deregulation Act 2015, the Immigration Act 2014 and the Tenant Fees Act 2019. It will also provide updates on recent relevant case law including the key Court of Appeal case concerning gas safety certificates and section 21 notices, Trecarrel House Limited v Rouncefield. The latest developments on residential tenancies will also be covered together with the latest on the Government’s plans to abolish section 21 notices.
What You Will Learn
This course will cover the following topics:
- An overview of the various parts of the Housing Act 1988
- Application of the Act
- Requirements for an assured tenancy and AST
- Exceptions to the Act
- How tenancies fall into and out of the Act
- Anti-avoidance provisions
- Amendments made by the Housing Act 1996
- Social landlords
- Social tenancies under the Act
- Amendments made by the Localism Act to social tenancy provisions
- Interaction with the Housing Act 2004 and the Localism Act 2011
- Tenancy Deposit Protection as it affects s21 notices
- HMO licensing as it affects s21 notices
- Security of tenure and periodic tenancies
- Rent review under the Act
- Rent increase clauses
- Section 13 notices
- Recovery of possession under section 8
- The grounds for possession in detail
- Practical comments on their use
- Recovery of possession under section 21
- Review of key cases and practical views
- Review of the requirements brought in by the Deregulation Act 2015 and update on the case law
- Housing Act tenancies after long leases
- The changes in Wales
- The interaction between the Tenant Fees Act 2019 and the Housing Act 1988
- The Government’s proposals for changes to residential landlord and tenant law in the Renters Reform Bill.