Long residential leases
Long residential leases
- 2002
- Estates Gazette (0201) 5 January 2002, 71(1) .
The new regime governing the expiry of long residential tenancies has been in place since January 1999. Discusses a recent High Court ruling - "R v London Rent Assessment Committee ex p David Morris" - which exposes an unexpected glitch in the regime. A conflict between the intended regime of security and the subsequent replacement of a rateable value with a rent limit, not recognised by those who drafted the legislation, was revealed. The key points to come out of the ruling are that where a long residential tenancy expires a tenant is entitled to an assured periodic tenancy, but the landlord is entitled to a market rent even if this is at a level that takes the tenancy out of the assured regime.
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
ASSURED PERIODIC TENANCIES
R V LONDON RENT ASSESSMENT COMMITTEE EX P DAVID MORRIS
LONG LEASES
RENT ASSESSMENTS
FAIR RENTS
NOTICE TO TERMINATE
LANDLORD AND TENANT ACT 1954
LOCAL GOVERNMENT AND HOUSING ACT 1989
The new regime governing the expiry of long residential tenancies has been in place since January 1999. Discusses a recent High Court ruling - "R v London Rent Assessment Committee ex p David Morris" - which exposes an unexpected glitch in the regime. A conflict between the intended regime of security and the subsequent replacement of a rateable value with a rent limit, not recognised by those who drafted the legislation, was revealed. The key points to come out of the ruling are that where a long residential tenancy expires a tenant is entitled to an assured periodic tenancy, but the landlord is entitled to a market rent even if this is at a level that takes the tenancy out of the assured regime.
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
ASSURED PERIODIC TENANCIES
R V LONDON RENT ASSESSMENT COMMITTEE EX P DAVID MORRIS
LONG LEASES
RENT ASSESSMENTS
FAIR RENTS
NOTICE TO TERMINATE
LANDLORD AND TENANT ACT 1954
LOCAL GOVERNMENT AND HOUSING ACT 1989