ABSTRACT

The Housing Act 1988 created two new private sector residential leases: assured and assured shorthold tenancies. The shared accommodation is not held under an assured tenancy. Resultantly the landlord can apply to the court for an order to modify or terminate the right to use the shared accommodation. In order for the dwelling-house to be let as a separate dwelling-house the tenant must have exclusive use of living accommodation but can share a bathroom and/or a toilet. In order to benefit from the HA 1988, the tenant must occupy the dwelling-house as his or her only or principal home whereas the Rent Act required only occupation as a residence. Tenancies where the value, based on rates or rent is high are excluded. The Housing Act 2004 introduced new rules with regard to tenancy deposits for assured shorthold tenancies. With the new tenancy deposit rules came requirements to serve on a tenant prescribed information.