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A tenant farmer is one who resides on land owned by a landlord. Tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and management, while tenant farmers contribute their labor along with at times varying amounts of capital and management. Depending on the contract, tenants can make payments to the owner either of a fixed portion of the product, in cash or in a combination. The rights the tenant has over the land, the form, and measures of payment varies across systems. In some systems, the tenant could be evicted at whim ; in others, the landowner and tenant sign a contract for a fixed number of years. In most developed countries today, at least some restrictions are placed on the rights of landlords to evict tenants under normal circumstances.
A lease is a contractual arrangement calling for the user to pay the owner for use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment is also leased. Broadly put, a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or serjeanty, depending on which form of tenure the estate was held under. The highest overlord of all, or paramount lord, was the monarch, who due to his ancestor William the Conqueror's personal conquest of the Kingdom of England, owned by inheritance from him all the land in England under allodial title and had no superior overlord, "holding from God and his sword", although certain monarchs, notably King John (1199–1216) purported to grant the Kingdom of England to Pope Innocent III, who would thus have become overlord to English monarchs.
The assured shorthold tenancy (AST) is the default legal category of residential tenancy in England and Wales. It is a form of assured tenancy with limited security of tenure, which was introduced by the Housing Act 1988 and saw an important default provision and a widening of its definition made by the Housing Act 1996. Since 28 February 1997 in respect of accommodation to new tenants who are new to their landlords, the assured shorthold tenancy has become the most common form of arrangement that involves a private residential landlord. The equivalent in Scotland is short assured tenancy.
In England, local authorities have duties to homeless people under Part VII of the Housing Act 1996 as amended by the Homelessness Act 2002. There are five hurdles which a homeless person must overcome in order to qualify as statutory homeless. If an applicant only meets the first three of these tests Councils still have a duty to provide interim accommodation. However an applicant must satisfy all five for a Council to have to give an applicant "reasonable preference" on the social housing register. Even if a person passes these five tests councils have the ability to use the private rented sector to end their duty to a homeless person.
A damage deposit or deposit is a sum of money paid in relation to a rented item to ensure it is returned in good condition. They are particularly common in relation to rented accommodation, where they may also be referred to as a tenancy deposit, bond deposit, or bond.
Under the provisions of the United Kingdom Housing Act 2004 every landlord or letting agent that takes a deposit for an assured shorthold tenancy in England and Wales must protect the deposit under an authorised tenancy deposit scheme. The regulations came into effect on 6 April 2007, and were amended by the Localism Act 2011, taking effect from 6 April 2012. The Deregulation Act 2015 further amended the regulations from 26 March 2015.
A letting agent is a facilitator through which an agreement is made between a landlord and tenant for the rental of a residential property. This is commonly used in countries using British English, including countries of the Commonwealth. In the UK, Australia, and New Zealand, the agreement between landlord and tenant is normally formalised by the signing of a tenancy agreement. A letting agency will normally charge a commission for their services, usually a percentage of the annual rent.
In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is the notice which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. The expiry of a section 21 notice does not bring a tenancy to its end. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed by a County Court bailiff or High Court enforcement officer. Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy. If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, for a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order. The court has no power to grant any adjournment or stay of execution from enforcement unless the tenant has a disability discrimination, public law or human rights defence, or the case is pending an appeal.
A short assured tenancy is a type of tenancy in Scotland that was introduced by the Housing (Scotland) Act 1988. A short assured tenancy gives landlords some protection and freedom of action when letting their properties. Short assured tenancies have become the norm within the residential letting industry in Scotland. The equivalent legislation in England and Wales is assured shorthold tenancy. Following the enactment of the Private Housing (Tenancies) (Scotland) Act 2016, it is no longer possible to create a short assured tenancy, instead a private residential tenancy must be entered into; with greater protections for the tenant such as security of tenure.
A contrived tenancy is a term used in British housing law to describe a situation where a tenancy is created in order to take advantage of the housing benefit system. Contrived tenancies can occur where a family member 'rents' to a family member but on a non-commercial basis. Contrived tenancies also exist if a landlord only asks for rent when a tenant is not working and so entitled to Housing Benefit but not when a tenant is working.
A Demoted tenancy is in English law a type of tenancy created by a court when a housing association get a demotion order from a court. It is typically created when an assured tenant or secure tenant engages in anti-social behaviour. The creation of the demoted tenancy is an alternative to eviction and makes a tenant easier to evict in the future.
A Family Intervention Tenancy (FITs) is a type of housing tenancy in the United Kingdom that can be granted under the Housing and Regeneration Act 2008. A Family intervention tenancy only occurs where a tenant is guilty of anti-social behaviour.
A secure tenancy is a type of tenancy in the United Kingdom created by the Housing Act 1980. Most tenancies started before 15 January 1989 are likely to be secure. The secure tenancy was replaced on 15 January 1989 for new tenancies by an assured tenancy, with weaker protection, by the Housing Act 1988.
A revenge eviction is a term used in the United Kingdom to describe an eviction process initiated by a landlord where a tenant asks for repairs to be carried out or complains about conditions. Campaign groups such as Shelter have called for revenge evictions to be legislated against.
Succession rights in the United Kingdom is an area of housing law concerning the ability to pass on their tenancy when they die something known as a succession.
Flexible tenancies also known as fixed term flexible tenancies or flexible council tenancies are a type of tenancy in the United Kingdom created by the Localism Act.
The Housing and Planning Act 2016 is Act of Parliament in the United Kingdom that makes widespread changes to housing policy and the planning system. It introduces legislation to allow the sale of higher value local authority homes, introduce starter homes and "Pay to Stay" and other measures intended to promote home ownership and boost levels of housebuilding. The Act has been subject to a number of criticisms by those opposed to the loss of social housing promoted, the extension of right-to-buy to housing associations and possible work disincentives under "Pay to Stay".
Assignment is a concept in housing law that allows the transfer of a tenancy from one person to another. Not all tenancies offer assignment and often permission from the landlord is required in order to assign a tenancy.
References
- ↑ "Starter tenancies - Shelter England". england.shelter.org.uk. Archived from the original on 3 January 2014.
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