Havering Solicitors

What does assured shorthold tenancy mean ?

An assured shorthold tenancy is a tenancy given for a fixed period of time, meaning it is generally excluded from rent controls and the landlord can decide not to renew the tenancy at the end of the term.

My assured shorthold tenancy has come to an end.  Am I legally obliged to vacate the property ?

If the landlord does not decide to renew the tenancy at the end of term, you will still be entitled to occupy the property until the landlord issues a notice for you to leave.  In most circumstances, notice will have to be for two months.  Even when the notice is issued, you cannot be physically forced to leave until the landlord has applied to the court for a possession order, although it is obviously preferable to avoid legal proceedings if possible.

My landlord has started possession proceedings and my assured shorthold tenancy is still running.  Is he legally allowed to do this ?

The simple is yes the landlord can start possession proceedings before the end of the tenancy.  However, he must have a good reason for doing so and the grounds are defined under the Housing Act 1988.  There are two types of grounds: mandatory and discretionary.  With respect to mandatory grounds, the court will order the tenant to leave without question if the grounds can be proven.  With respect to discretionary grounds, the courts are asked to come to a judgement as to whether the tenant should be ordered to leave or not.  The possible grounds that can be used are quite extensive, so it is advisable to seek legal advice where possible.  However, possession proceedings are commonly started on the basis of rent arrears or where the tenant is consistently late in paying the rent.

I have noisy neighbours and want to put a stop to it!  What can I do ?

In the first instance, it makes sense to contact the environmental health department or noise team at your local council.  Where possible, you should keep accurate records of the noise, including the time, date, types of noise and severity.  The council have powers to investigate and if appropriate demand the noise stops.  Your council may also set-up mediation proceedings with your neighbour.  If you wish to commence legal proceedings, there are two main routes: common law nuisance and statutory nuisance.  Common law nuisance is defined as a unreasonable disturbance which affects your peaceful enjoyment of your property.  Naturally, this can be quite widely defined, although the norms defining this area of the law have been built through years of case law and precedence. Statutory nuisance is defined under the Environmental Protection Act 1990.  One significant difference between the two is only the person who has suffered harm may apply to the courts for common law nuisance whereas the local authority and the person who has been affected may apply to the courts for statutory nuisance.  Nuisance can be a complex issue, so it is vital that you seek legal advice if you intend to start legal proceedings.

The property I rent is being sold by my landlord.  Do I have to move out ?

The fact that the landlord is selling the property does not in itself mean you are legally obligated to leave the property.  It depends on the type of tenancy you have, your conduct and the position of the new owner.  Where you are asked to leave, notice under section 21 of the Housing Act 1988 should be given  two months before the end of the fixed term (for assured shorthold tenancies).

Housing law main page is here, main legal services in Havering is here.