16690565
Description
| Question | Answer |
| Explain what ‘Section 196 of the Law of Property Act 1925 relates to and legal case referred to this? | Section 196 of the Law of Property Act 1925 sets out that a notice served to a tenant shall be deemed served if the tenant was provided with the information as to how this will be served at the start of the tenancy. For example a clause within the tenancy agreement stating this. There are different methods which can be used such as email, post, face-to-face etc. If registered mail or signed for is used and this is returned undelivered. The notice will not have been deemed to be served. There is no requirement to prove that the tenant received the notice if this act is followed through accordingly. This can be shown in the legal case Kinch vs Bullard (1999) Kinch vs Bullard (1999) if a legal case which refers to the Act. The notice was served & delivered by first class post and the judge deemed it validly served under the Act even though the tenant had said they did not receive it. |
| Describe the methods for serving notice and the timings | 1 |
| Explain Section 6 notices under the Housing Act 1988 - | Section 6 notice under the Housing Act is used by either tenant or landlord to vary the terms of the tenancy agreement (exception to rent) for a periodic assured tenancy. The notice is prescribed and must be served in the correct document and format. Either party use this notice for the first 12 months of the periodic tenancy. One party would serve the section 6 notice on the other and what terms they wish to change and propose. The other shall then have the opportunity to negotiate the terms - If both parties agree to the terms, the tenancy will continue with the new terms. - If an agreement cannot be reach by both parties, the defending party shall have three months from the date the new terms were proposed to take this to the FTT First-Tier Tribunal. - If this is not referred to the FTT then after the three months the new terms shall come automatically come into effect |
| Explain Section 13 notices under the Housing Act 1988 | 1 |
| Explain Section 22 notices under the Housing Act 1988 | 1 |
| What was the Kinch v Bullard 1999 ruling? | 1 |
| An agent delivers a notice to the tenant at their flat. The door to the flat has no letter box and post is generally left in the common ways. However, the agent pushes the notice under the door of the flat. The tenant states they never received the notice, as their dog has an unfortunate habit of chewing up paper and would have done the same to something pushed under the front door. Where does the agent stand? | Even if the tenant's dog had eaten the notice put under the door, it will still be deemed to have been served. This is providing that the tenant was informed, in advance, of how notices may be served, and the agent can prove they delivered the notice when they say they did. |
| A landlord says that he delivered a notice to his tenanted property at 6.00 pm on the Friday before the August bank holiday weekend. When would the notice be deemed served? | The notice would be deemed served on the following Wednesday. Because the notice was delivered after 5.00 pm, it cannot be deemed delivered the following working day. The Saturday, Sunday and bank holiday Monday are discounted. So, it will be deemed delivered on the Tuesday and served on the Wednesday. |
| Explain why Section 6 notices would only apply to assured tenancies. | As an assured shorthold statutory periodic tenancy can be simply terminated by the landlord and the tenant, it would be pointless for the parties to go through the routine of serving a Section 6 notice and following the required formula. If the parties didn't agree to the proposed new terms, they could simply serve notice to end the tenancy. For an assured tenancy, the landlord does not have the option of serving a notice under Section 21 if the tenant didn't agree to new terms. |
| Describe the circumstances under which a landlord may wish to increase the rent as a result of the tenant serving a Section 6 notice, when the tenancy is a periodic tenancy. | A tenant may have served a Section 6 notice on the landlord varying the terms of the tenancy in such a way that leads to the tenancy becoming more valuable. For example, a tenant may have used a Section 6 notice to be able to use part of the property not originally included in a tenancy (such as a swimming pool in the garden which the landlord had fenced off). This would then make the tenancy worth more and the landlord is likely to want this reflected in the rent. |
| A tenant considers they are paying too much rent for their property — what may make them hesitate to apply to the FTT? | A tenant would doubtless be aware that a landlord is not going to be happy with the tenant challenging the rent level. If the tenant had plans to stay in the property for a further term, it is likely that the landlord would not grant them an additional tenancy. |
| Explain a legal case which refers to servicing notice on a tenant? | Section 196 of Law of Property Act 1925 Kinch vs Bullard 1999 |
| Explain the restrictions when a section 13 is used to increase rent for an Assured periodic tenancy? | There are some restrictions: - The length of notice cannot be less that the period of the tenancy with a minimum of one month and must expire on the day the rent is due - If the tenancy was previously fixed term, it can be increased as soon as it is periodic. - If the tenancy was a contractual tenancy period tenancy then it cannot be increased until the tenancy been running from 12 months. - It can be increased 12 months at a time |
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