Part IRented Accommodation
77 provisions
- HA 1988 s. 1 Assured tenancy: only or principal home rule Under HA 1988 s. 1, an assured tenancy requires a dwelling-house in England let to an individual occupying it as their only or principal home, unless excluded.
- HA 1988 s. 1A Welsh homes excluded from assured tenancies Under HA 1988 s. 1A, residential tenancies in Wales cannot be assured tenancies, disapplying sections 1 to 25 except for long tenancies under 1989 Act rules.
- HA 1988 s. 2 Main purpose test for letting with other land, HA 1988 s.2 Determines if land let with a dwelling-house is part of the dwelling-house for assured tenancy purposes, based on main purpose of letting.
- HA 1988 s. 3 Shared accommodation deemed assured tenancy Separate accommodation deemed assured tenancy when tenant shares other rooms with non-landlord. Terms changing shared living accommodation are void.
- HA 1988 s. 4 Subletting part: assured tenancy not lost If a tenant sublets part of a dwelling-house, the whole house remains an assured tenancy against the landlord, even if subtenant shares some accommodation.
- HA 1988 s. 4A Periodic tenancies and rent periods Assured tenancy terms creating fixed terms are void. Tenancies become periodic with rent periods of 28 days or shorter, or monthly periods.
- HA 1988 s. 4B Prohibition of rent in advance Prohibits rent in advance for assured tenancies except initial rent. Rent becomes due on substitute rent day. HA 1988 s. 4B
- HA 1988 s. 5 Landlord notice to quit has no effect A landlord's notice to quit an assured tenancy is of no effect. On fixed term expiry without court order or surrender, a statutory periodic tenancy arises.
- HA 1988 s. 6 Fixing terms of statutory periodic tenancy Within 1st anniversary of fixed term end, landlord/tenant may propose new terms; if referred, tribunal decides reasonable terms (ignoring sitting tenant).
- HA 1988 s. 6A Demotion of assured tenancies Social landlords can apply to demote an assured tenancy for anti-social conduct after serving a notice of at least two weeks, valid up to twelve months.
- HA 1988 s. 7 Section 7 Housing Act 1988: the grounds on which a possession order can be made Section 7 HA 1988: a court cannot order possession of an assured tenancy except on a Schedule 2 ground - mandatory under Part I, discretionary under Part II.
- HA 1988 s. 8 12 month limit for section 8 notice Proceedings must begin within 12 months of serving a section 8 notice. Notice periods: 2 weeks to 4 months depending on ground.
- HA 1988 s. 8A Additional notice for DV ground Landlord must serve notice on non-tenant partner who left due to domestic violence before court hears possession claim under Ground 14A, or court may dispense.
- HA 1988 s. 9 Court may suspend possession order Under HA 1988 s. 9, courts may stay, suspend or postpone possession on assured tenancies with rent arrears terms, unless Schedule 2 Part I or s. 21 applies.
- HA 1988 s. 9A Court factors for possession on ground 14 Court factors for possession on ground 14: effect on others, likely future effect, tenant's co-operation. Extra regard for HMO tenants.
- HA 1988 s. 10 Shared accommodation possession rules No possession order for shared unless a like order for separate. Landlord may apply to court to modify or terminate rights to use shared except living.
- HA 1988 s. 10A Transfer joint tenancy on possession claim When a landlord claims possession under Ground 7B and no other ground applies, the court may transfer the joint tenancy to the qualifying tenant(s).
- HA 1988 s. 11 Removal expense payments by social landlords When social landlords get possession on Ground 6, 6A or 9 in Schedule 2, they must pay the tenant reasonable removal expenses as a civil debt.
- HA 1988 s. 11A Compensation for tenant under Ground 6B The court may order the landlord to pay compensation to the tenant for damage or loss sustained as a result of the order for possession on Ground 6B.
- HA 1988 s. 12 Compensation for fraudulent possession Courts can order landlords to compensate former assured tenants if a possession order under Schedule 2 was obtained through misrepresentation or concealment.
- HA 1988 s. 13 52-Week Rent Increase Notice Rules Under HA 1988 s. 13, landlords propose rent increases via prescribed form notice every 52 weeks. Tenants may refer notices to tribunal under section 14.
- HA 1988 s. 13A Rent increases for low-cost tenancies Landlords of relevant low-cost tenancies can increase rent by serving notice giving at least one month's notice, spaced 52 or 53 weeks apart.
- HA 1988 s. 13B Challenge validity rent increase notice Tenants can challenge validity of a landlord's rent increase notice under assured tenancies. Tribunal decides if notice under s.13(2) or s.13A(2) is valid.
- HA 1988 s. 14 Section 14 Housing Act 1988: how the tribunal decides an open-market rent Section 14 HA 1988: the tribunal sets the rent a willing landlord could reasonably expect on the open market, disregarding the sitting tenant and the tenant's own improvements.
- HA 1988 s. 14A Interim council tax rent increase HA 1988 s. 14A allowed landlords to serve notice before 31st March 1994 to raise assured tenancy rent to cover council tax liabilities.
- HA 1988 s. 14B Interim council tax rent tribunal How the tribunal adjusts an assured tenant's rent for council tax under s. 14A notices, including effective dates and hardship delays under HA 1988 s. 14B.
- HA 1988 s. 15A Permanent loss of assured status Sub-letting the whole dwelling or parting with possession of a social housing home causes permanent loss of assured tenancy status under HA 1988 s. 15A.
- HA 1988 s. 16 Tenant must allow access for repairs HA 1988 s. 16 creates an implied term in all assured tenancies requiring tenants to afford the landlord access and reasonable facilities to execute repairs.
- HA 1988 s. 16A Requesting consent to keep a pet Under HA 1988 s. 16A, tenants can request to keep a pet. Landlords cannot unreasonably refuse and must reply in writing within 28 days, or 7 days after info.
- HA 1988 s. 16B Requests for consent to keep a pet HA 1988 s.16B Defines 'keeps a pet'; requires written request; lists when landlord can refuse (e.g., breach of superior landlord); court may order specific performance.
- HA 1988 s. 16D Duty to give statement of terms etc. Landlords and contractors must give tenants a written statement of terms before the tenancy starts or within 28 days for certain cases. HA 1988 s.16D.
- HA 1988 s. 16E Prohibited landlord actions under HA 1988 s. 16E bans landlords from offering fixed terms, serving invalid notices, making baseless possession claims, or re-letting after Ground 1 or 1A.
- HA 1988 s. 16F Exceptions to re-letting rules Section 16F sets out exceptions to section 16E letting and marketing prohibitions for Ground 1, Ground 1A buyers, and shared ownership landlords.
- HA 1988 s. 16G Definition of marketing a dwelling to let Defines 'markets' for s.16E: advertising or informing in lettings agency work; excludes passive advertising; defines lettings agency work with exceptions.
- HA 1988 s. 16H Landlords acting through others Section 16H allows landlords to use agents for duties under sections 16D and 16E; the landlord remains liable for compliance or breach by the agent.
- HA 1988 s. 16I Financial penalties for landlord duties Local housing authority can fine up to £7,000 for breaching landlord duties. Multiple penalties allowed only after 28 days. Joint liability applies.
- HA 1988 s. 16J Offences Related to Assured Tenancies HA 1988 s. 16J creates offences for unlawful possession reliance within four months, continuing conduct after 28 days, and repeat breaches within five years.
- HA 1988 s. 16K Civil penalties up to £40,000 Local housing authorities can impose civil penalties up to £40,000 as an alternative to prosecution for section 16J offences under HA 1988 s. 16K.
- HA 1988 s. 16L Financial penalty funding & rules Section 16L allows funding for local housing authority functions under sections 16I to 16K, inflation adjustments, and Schedule 2ZA procedure rules.
- HA 1988 s. 16M Definitions for duties, penalties, offences Defines 'purported notice of possession', 'relevant person', and sets 12-month restricted period for landlord relying on Ground 1/1A.
- HA 1988 s. 17 Succession to an assured tenancy HA 1988 s. 17 sets out when a surviving spouse, civil partner, cohabitant, or named express term beneficiary succeeds to an assured tenancy on a tenant's death.
- HA 1988 s. 18 Subtenant rights when landlord lease ends When a mesne landlord's superior tenancy ends, a lawful assured subtenancy continues under the head landlord, unless Schedule 1 exemptions apply.
- HA 1988 s. 19 Restriction on levy of distress for rent This provision restricted the ability of landlords to seize goods for rent arrears under assured tenancies. It is no longer in force.
- HA 1988 s. 20 Rules for older assured shorthold tenancies Under HA 1988 s. 20, older assured shorthold tenancies require a fixed term of not less than six months, no early break clause, and prior written notice.
- HA 1988 s. 20A Landlord Duty to Provide Written Terms A tenant can request a written statement of unwritten tenancy terms. Landlords failing to comply within 28 days face a level 4 fine under HA 1988 s. 20A.
- HA 1988 s. 20B Demoted assured shorthold tenancy rules Defines demoted assured shorthold tenancy from demotion order. Lasts one year; if landlord gives notice, continues until proceedings end or six months.
- HA 1988 s. 20C Assured shorthold after demoted tenancy Under s.20C, a demoted tenancy from a registered provider becomes a fixed term AST of at least 2 years if notice served before it would cease to be an AST.
- HA 1988 s. 20D AST after family intervention tenancy Under section 20D, a family intervention tenancy in England granted by a social landlord converts into an assured shorthold tenancy if notice is given.
- HA 1988 s. 21 Ending assured shorthold tenancies Section 21 allows landlords to recover possession of an assured shorthold tenancy by serving at least two months' written notice to the tenant.
- HA 1988 s. 21A No eviction notice if duties breached Landlords in England cannot serve a section 21 notice if breaching prescribed requirements on housing condition, health, safety, or energy performance.
- HA 1988 s. 21B Landlord's duty to give prescribed info HA 1988 s.21B This section enables regulations requiring landlords to give prescribed info about AST rights. Breach prevents serving a section 21 notice.
- HA 1988 s. 21C Rent repayment after section 21 notice AST tenants in England leaving early after a section 21 notice get advance rent repaid for unoccupied whole days, calculated by R times D divided by P.
- HA 1988 s. 22 Challenging excessive AST rents Tenants under assured shorthold tenancies may apply to a tribunal to reduce excessive rent. For section 19A tenancies, this must be within six months.
- HA 1988 s. 23 Termination of tribunal's functions Allows Secretary of State to order that s.22 does not apply in specified cases, areas or circumstances; order by statutory instrument approved by both Houses.
- HA 1988 s. 24 Assured agricultural occupancy definition Defines assured agricultural occupancy: dwelling-house tenancy/licence meeting descriptions and agricultural worker condition; treated as assured tenancy.
- HA 1988 s. 24A Opt out of assured agricultural status Landlords can prevent a farm tenancy from becoming an assured agricultural occupancy by serving a prescribed opt-out notice before entering the agreement.
- HA 1988 s. 25 Agricultural occupancy security HA 1988 s. 25 governs security of tenure for assured agricultural occupancies, covering periodic tenancies and employment notices.
- HA 1988 s. 26 Rehousing agricultural workers HA 1988 s. 26 amends the Rent (Agriculture) Act 1976 to include assured agricultural occupancies within the rehousing duties of housing authorities.
- HA 1988 s. 27 Section 27 Housing Act 1988: damages for unlawful eviction Section 27 HA 1988 makes a landlord liable in tort to a residential occupier unlawfully deprived of occupation, or driven out by harassment or withdrawal of services.
- HA 1988 s. 28 Unlawful eviction damages = value diff Damages = difference in landlord's interest value with/without occupier's right, assuming open market sale, no family buyer, no substantial development.
- HA 1988 s. 29 Landlord Harassment Offence HA 1988 s. 29 makes landlord harassment and withholding services an offence if likely to cause an occupier to leave. Reasonable grounds is a defence.
- HA 1988 s. 30 Extends eviction protections to licensees HA 1988 s.30 extends eviction protections (1977 Act ss.3 & 4) to licensees, except excluded licences, and defines excluded tenancies/licences via s.3A.
- HA 1988 s. 31 Excluded tenancies and licences Defines excluded tenancies & licences under PEA 1977: sharing with landlord/family, trespasser lets, holiday lets, no rent, hostel licences.
- HA 1988 s. 32 Notice to Quit and Periodic Licences HA 1988 s. 32 amends the 1977 Act so periodic licence notices to quit must be written, contain prescribed info, and give at least 4 weeks notice.
- HA 1988 s. 33 Eviction Act Definitions & Variations HA 1988 s. 33 updates the Protection from Eviction Act 1977 to include assured tenancies and defines how rent variations create new tenancies.
- HA 1988 s. 34 New protected tenancies restricted HA 1988 s.34 restricts new protected tenancies to exceptions: pre-Act contracts, existing tenant grants, court-ordered accommodation, new town disposals.
- HA 1988 s. 36 Ending new Rent Act restricted contracts Housing Act 1988 section 36 prevents new contracts after commencement from becoming restricted contracts under the Rent Act 1977, barring transitional rules.
- HA 1988 s. 38 Transfer of tenancies from public to private HA 1988 s.38 Tenancies entered into before HA 1988 lose protected/secure status when transferred from public to private, except for disposals to registered social landlords.
- HA 1988 s. 40 County court hears housing disputes County courts have jurisdiction over assured tenancy disputes under Chapters I-III, V, ss.27-28; can join other claims; costs limited if brought in High Court.
- HA 1988 s. 41 Rent assessment committees: info powers HA 1988 s. 41: rent assessment committee can require info from landlord/tenant. Failure summary offence (fine level 3). Officers of body corporate liable.
- HA 1988 s. 41A Amounts attributable to services Tribunal must note the amount fairly attributable to services in ss.14/22 determinations for housing benefit/UC, unless negligible.
- HA 1988 s. 41B Council tax exemption info sharing Under HA 1988 s. 41B, billing authorities must give written council tax exemption details to rent officers or tribunals upon request.
- HA 1988 s. 42 Rent determination info in Wales President of rent assessment panel in Wales must publish rent determinations for assured tenancies; certified copies are admissible as evidence.
- HA 1988 s. 42A Rent determination info for England Chamber President must publish rent info for assured tenancies/agricultural occupancies in England. Certified copy admissible in court. Fees may be prescribed.
- HA 1988 s. 43 Powers of local authorities for information Extends local authorities' power to publish information about rights and duties to cover assured tenancies under HA 1988 Part I Chapters I-III.
- HA 1988 s. 44 Application to Crown property Explains which housing law provisions apply to Crown property (premises with a Crown interest), including exceptions for certain sections and definitions.
- HA 1988 s. 45 Interpretation of Part I Defines key terms for Part I assured tenancies: dwelling-house, fixed term, landlord, tenant, pet, etc. Also covers joint parties and tenancy start dates.