Termination of Agreements Sue Baxter - Sitra

Agency/Landlord Relationship Management Contract Owning Landlord Managing Agent Licence/Tenancy Manages Licence/Tenancy Occupant HOUSE

Eviction process Breach of agreement Can circumvent At any time 1 st warning 2 nd warning 3 rd warning Notice

Excluded Licences Notice Notice Terminating Licence to Occupy NTLO (use it or lose it notice period can be extended) Notice Period Reasonable Notice Contractual Terms Possession No requirement to go to Court but …… Automatic – beach of contractual terms 4

Protected Licences Notice Notice To Quit (prescribed information) NTQ (use it or lose it – notice period can be extended) Notice Period 28 days in all circumstances Serious incidents seek other remedies Possession Must go to court if occupant doesn’t leave Automatic – beach of contractual terms 5

Assured Shorthold Tenancies Notice Notice Requiring Possession Section 21 Notice s21 NRP Notice Period 2 Calendar months (minimum) Cant expire until end of fixed term Possession Must go to court if occupant doesn’t leave Automatic 6

Deregulation Act 2015 For ASTs commenced post 1 st October 2015 – s21 prescribed format – s21 can’t be served in first 4 months – s21 only ‘lives’ for 6 months – Periodic requirement to end on the last day of a period has been removed Will apply to all ASTs from 1 st October

Assured (Shorthold) Tenancy Notice Notice Of Seeking Possession (prescribed format) NOSP NISP s8 (live for 12 months) Notice Period Depends on ground 0-2 months Agreement – additional contractual period Possession Must go to court if occupant doesn’t leave Must prove grounds majority discretionary 8

Assured (Shorthold) Tenancy Notice Notice to Quit(prescribed format) Not living at property as only or principal home lose security of Tenure Notice Period 4 weeks Once lost cannot can be regained Possession Must go to court if tenant doesn’t leave Must have evidence tenant not living at the property 9

Changes to Grounds New grounds added by Anti-social, Crime and Policing Act 2014 – 7a Mandatory possession for ASB statutory notice period one month notice period – 14aa. ASB against LL/staff/contractor in housing management function statutory notice period 2 weeks – 14az. Conviction of riot related offence anywhere in UK statutory notice period 2 weeks 10

Things to look out for! 11

Pre-action protocol for rent arrears Amended in April 2015 Part 2 – occupant must be given a copy of protocol after proceedings issued Part 3 - new to allow court to deal with issues of proportionality where Art 8 defence raised Part 3 – mandatory grounds and non-secure tenancies, landlord must provide evidence of -Tenant has opportunity to make representations and landlord considered -Reasons why landlord is continuing to issue proceedings -Provide copies of relevant documents which the landlord wishes the Court to consider in relation to the proportionality of the landlord's decision to bring proceedings

Terms of the occupancy agreement Terms of agreements need to be – Robust enough to give possession – Only to interfere with residents rights to a family life, privacy and their home if legitimate and reasonable Human Rights 1998 – Be fair to residents Unfair Terms in Consumer Contracts Regulations 1999 House rules part of the agreement – caution

Challenges Equality Act 2010 A person (A) discriminates against a disabled person (B) if – A treats B unfavourably because of something arising in consequence of B’s disability, and – A cannot show that the treatment is a proportionate means of achieving a legitimate aim – Does not apply if A shows they did not know or could not reasonably be expected to know that B has a disability Human Rights Act 1998 Article 8 (1)Everyone has right to respect for …… his home …. (2) There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society … Two defences – Decision not lawfully taken – Decision not proportionate Not an absolute right nor does it confer a right to a home.

Occupants termination All Tenants – Notice to Quit – Strict legal surrender – Implied surrender Protected Licence – Notice to Quit – Strict legal surrender – Implied surrender Excluded Licence – Strict legal surrender – Implied surrender

Final Words Don’t forget the Sitra helpline Thank you

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