assured tenancy
📖 O que é assured tenancy? Significado e conceito
An assured tenancy is a common form of residential tenancy in the UK, often characterised by its monthly rental period and the landlord's liability for repairs as per the Landlord & Tenant Act 1985. These tenancies typically involve properties such as terraced houses, semi-detached houses, or new-build houses, which may or may not include furniture provided by the landlord.
A key feature of an assured tenancy, as seen in the provided cases, is that either the tenant or the landlord can apply to the First-tier Tribunal (Property Chamber) to determine a market rent for the property. This process is usually initiated under Sections 13 and 14 of the Housing Act 1988, or Section 13(4) of the same Act, particularly when there is a dispute or a need to review the rent.
When the Tribunal determines the rent, it sets the amount per calendar month, excluding water rates and council tax. The decision also specifies the date from which the new rent takes effect. This mechanism provides a way for both landlords and tenants to ensure that the rent charged for an assured tenancy reflects the current market value, offering a degree of fairness and regulation to the rental agreement.
📋 Requisitos
- The tenancy must be an assured tenancy.
- The application for rent determination is typically made under Sections 13 & 14 of the Housing Act 1988.
- The property can be a terraced house, semi-detached house, or other residential dwelling.
- The rental period is often monthly periodic.
📝 Procedimento
- An application is made to the First-tier Tribunal (Property Chamber) by either the tenant or the landlord.
- The Tribunal reviews the case, sometimes through an inspection or based on submitted papers.
- The Tribunal determines a market rent for the property.
- The Tribunal's decision specifies the new rent per calendar month and the date it takes effect.
💡 Exemplos
- A tenant living in a terraced house under an assured tenancy applied to the Tribunal to have their monthly rent of £977.50 reviewed, with the new rent taking effect from 12 May 2022.
- A landlord of a modern semi-detached house with an assured tenancy sought a market rent determination, resulting in a new monthly rent of £1200.00 effective from 17 August 2021.
- For a two-bedroom new build house under an assured tenancy, the Tribunal set the market rent at £670.00 per calendar month, effective from 14 March 2023.
📚 Base legal
- Housing Act 1988
- Landlord & Tenant Act 1985
❓ Perguntas frequentes
What is the main purpose of an assured tenancy?
The main purpose, as seen in the cases, is to provide a framework for residential tenancies where the rent can be formally determined by a tribunal, ensuring it aligns with market value.
Can my landlord increase the rent on an assured tenancy?
Yes, a landlord can propose a rent increase. If you disagree, either party can apply to the First-tier Tribunal (Property Chamber) to determine the market rent, as shown in the case excerpts.
What happens if I don't agree with the new rent set by the Tribunal?
The Tribunal's decision on market rent is legally binding and takes effect from the date specified in their decision. The excerpts do not detail further appeal processes.
Does an assured tenancy mean my landlord is responsible for repairs?
Yes, the case excerpts indicate that for assured tenancies, the allocation of liability for repairs is typically with the landlord, often as per Section 11 of the Landlord & Tenant Act 1985.
How long does an assured tenancy usually last?
The cases show that assured tenancies often have a 'Monthly periodic' or 'Monthly' rental period, meaning they continue on a month-to-month basis after any initial fixed term.
Are water rates and council tax included in the rent for an assured tenancy?
No, the Tribunal's rent determinations explicitly state that the set rent is 'excluding water rates and council tax', meaning these are usually separate costs for the tenant.