assured periodic tenancy
📖 O que é assured periodic tenancy? Significado e conceito
An assured periodic tenancy is a common form of residential tenancy in the UK. It means that the agreement does not have a set end date but instead runs for recurring periods, for example, on a monthly or quarterly basis. This type of tenancy is subject to the provisions of the Housing Act 1988, particularly concerning rent determinations.
For tenants, a key aspect of an assured periodic tenancy is that the rent can be reviewed and determined by a First-tier Tribunal – Property Chamber, under Section 14 of the Housing Act 1988. This process is often referred to as a 'Section 14 Determination' and results in a 'Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies'. The Tribunal sets the rent, which then takes effect from a specified date.
The Tribunal's decision will detail the new rent amount, the effective date, and other relevant information such as whether services are included, the tenancy's commencement date, the length of the rental period, and the allocation of liability for repairs. It also notes any furniture provided by the landlord and a description of the premises. These details are crucial for both landlords and tenants to understand their ongoing obligations and rights under the tenancy.
📋 Requisitos
- The tenancy must be an 'assured tenancy' as defined by the Housing Act 1988.
- The tenancy must be 'periodic', meaning it runs for regular, repeating intervals (e.g., monthly, quarterly).
- A rent determination can be made by the First-tier Tribunal – Property Chamber under Section 14 of the Housing Act 1988.
📝 Procedimento
- A party applies to the First-tier Tribunal – Property Chamber for a rent determination.
- The Tribunal members review the case, considering factors like the address of the premises and details of the landlord and tenant.
- The Tribunal issues a 'Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies'.
- The decision specifies the new rent amount, the date it takes effect, and details such as the rental period and repair liabilities.
💡 Exemplos
- A tenant living in a semi-detached house with a monthly assured periodic tenancy might have their rent reviewed by the Tribunal, resulting in a new monthly rent of £1200.
- For a London flat under an assured periodic tenancy with a 12-month rental period, the Tribunal could set the rent at £2300 per calendar month.
- An assured periodic tenancy that commenced in 1966 with a quarterly rental period could have its rent set by the Tribunal at £5037 per quarter.
- If a landlord provides furniture like a bed, tables, and chairs, these details would be noted in the Tribunal's decision regarding an assured periodic tenancy.
📚 Base legal
- Housing Act 1988 Section 14
- Landlord and Tenant Act 1985 S11
❓ Perguntas frequentes
What does 'periodic' mean in an assured periodic tenancy?
In an assured periodic tenancy, 'periodic' means the tenancy runs for recurring periods, such as monthly or quarterly, rather than having a fixed end date. The rental period is specified in the tenancy details.
Can the rent for an assured periodic tenancy be changed?
Yes, the rent for an assured periodic tenancy can be changed. The First-tier Tribunal – Property Chamber can determine a new rent under Section 14 of the Housing Act 1988, which then takes effect from a specified date.
What information does the Tribunal's decision include about my tenancy?
The Tribunal's decision includes the new rent amount, the date it takes effect, whether services are included, the tenancy's start date, the length of the rental period, who is responsible for repairs, and any furniture provided by the landlord.
What is the Housing Act 1988 Section 14?
Section 14 of the Housing Act 1988 is the legal provision that allows the First-tier Tribunal – Property Chamber to determine the market rent for assured periodic tenancies.
Who is responsible for repairs in an assured periodic tenancy?
The allocation of liability for repairs is typically specified in the tenancy agreement and is noted in the Tribunal's decision. For example, it might state 'Landlord' or refer to Section 11 of the Landlord and Tenant Act 1985.
Does an assured periodic tenancy include council tax and water rates?
The Tribunal's rent determination typically states that the rent is 'excluding water rates and council tax', meaning these are usually separate payments not covered by the rent amount set by the Tribunal.