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Landlord and Tenant FAQ

Some answers to frequently asked questions on Landlord and Tenant and Housing Law:
  • I have a regulated tenancy. My landlord says he wants to move me to another flat he owns. Do I have to go?

      This is one of the grounds on which a court can make an order for possession. The landlord cannot insist that you do this without a court order, and you can present arguments about the suitability of the alternate place offered.

      You still have to be careful about just what sort of tenancy is at issue. Phrases such as 'regulated tenancy' have precise meanings.

  • My shorthold tenancy has expired, what happens now?

      A shorthold tenancy starts with a fixed term. After that term ends, the tenancy continues from month to month. The landlord can bring it to an end by giving two months notice, and the tenant needs to give one month. The landlord's notice needs to be carefully phrased and either notice should expire on a rent day.

      Please note that if the landlord renews the tenancy, the landlord has very little effective restraint on the rent he can charge.

  • What are quarter days

      If a lease from year to year is silent as to when rent is paid, it is by default payable quarterly on the 'quarter days'. These are 25 December, 25 March, 24 June, and 29 September. Sometimes known as 'the usual quarter days' .Modern leases tend to make quarterly rents payable on the first days of these months, so that statistically, but not in law, the 1st of September would be more usual than the usual quarter day. Scotland, again, differs.

    More questions required!

Important: Please note that our law-bytes are retained for archival purposes only. The law changes, and these notes are often, now, out of date. You must take direct advice on your own personal situation and the law as it currently stands.
All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation.
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Copyright and Database Rights: David Swarbrick 2012
18 October 2013 372 18 October 2013