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Managing a Tenancy
Tenant in Rent Arrears Guide
Tenant in Rent Arrears Guide
ere tenants are in rent arrears, it is essential that the Landlord is aware of their rights and manage the situation lawfully and effectively. This guide will help you. If in doubt, please call your members
6th April 2015
The New Section 8 Notice MUST be used
new laws now apply
My Tenant owes me rent what should I do ?
Consider your negotiating options
Issue a Section 8 Notice for Rent Arrears
If the Tenant on benefits - Contact Council.
see Why Serve a Notice
Good TIP see Compare Tenant Eviction Notices
Section 21 Wizard
FAST TRACK ME
FREE Tenant Tracing
Section 8 Arrears
Issue rent arrears letters
this affirms the required
compliance with legal process
. Where the Tenant is in Rent Arrears , as a contingency, it is always wisest to
issue a Section 8 Notice For Rent Arrears.
If by the expiry date of the Arrears Notice the tenant remedy's the breach then great you achieved your goal; but
what if they don't pay?
How long do you give them too pay!
Remember the Notice only means
because they remain in breach your are entitled to apply to the court fo a Court Possession Order
Should you apply for possession there will ALWAYS be a court hearing
Preparing Court Hearing and Outcomes.
At the hearing the Judge will inform the Tenant pay £X and vacate no later than Y date. The court confirms your
possesion order in writing
Should the tenant fail to vacate ONLY thereafter
can you apply for a bailiff
Do I need a Solicitor? -
We help our members end tenancies
without the expense of a solicitor
. Production of Notices, Eviction Guides and Helpline are FREE to Members, there are no other fees. This is all part of your the
RENT ARREARS PLAN B & PLAN C (Cash flow) Tenant on BENEFITS
Where there are rent arrears consider
negotiating with the Tenant
where you have
you are obliged to
keep the guarantor informed
of the rent arrears (The
has a vested interest in working with the Landlord).
Section 8 Notice for rent arrears
it would be wiser to have a plan B and also issue a
issue Section 21 Notice
. If you previously issued a valid notice you could fast track
If you have a Tenant who is on benefits
then the rules of the game change see
Benefits Tenant in Rent Arrears
My Tenants want a council house
The Tenants Housing Allowance claim has been
or I have been requested to repay the rent money I have received back to the council see
Overpayment suspension and repayment of LHA Housing Benefits
Appointing private Bailiffs
to Evict Tenant to speed up the process and reduce your losses
Due to the changes in Legal Aid Reforms 2013
Check if your Tenant qualifies for Legal Aid?
If you have previously served a Section 8 or 21 Notice do not serve a new notice
fast track me
Recovering your losses -
f they leave and still owe you money you can
recover this money?
But remember it is hard to get blood out of a stone so wiser to check if they are bankrupt, subject to an IVA or Debt Relief Order
click here its a free check
Most frequently asked questions of the Members Helpline
Why should I serve Notice on my Tenant?
If a Tenant will not leave voluntarily only a
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21 4a|A section 21 Notice that is served when the tenancy has passed the fixed term of the tenancy| Abandonment|Where an occupier leaves a property without giving prior notice, affirming their intent to leave. The term has no specific legal meaning. You could be prosecuted for unlawful eviction if you do not proceed with caution| Abatement Notice|A notice served by a local authority's environmental health department telling a person responsible for a statutory nuisance to take the steps necessary to stop the nuisance.| Abstract Of Title|A schedule listing the documents set out the history of ownership of a property| Accelerated Possession|Under the terms of a shorthold tenancy, the landlord has a mandatory right to possession of the property. Possession award can be decided by the court purely based on written evidence.| Accelerated Procedure|A Term given to the legal process of a landlord securing possession after a Section 21 Notice has expired | Acceptance Letter|A letter confirming your intention to proceed with granting a tenancy and defining the next steps| Accommodation Office|A department of a college or university that deals with housing for students.| Acknowledgement Of Service|When the particulars of a claim form, N9 (outlining details of the claim) are served on (delivered to) a defendant, they receive a response pack including a form which they must use to acknowledge they have received the claim. The defendant must file (return) the acknowledgment form within 14 days of receiving the particulars of the claim. The particulars can be served with, or separately from the claim form.| Adaptations|Works that can be carried out to a property to make it suitable for a person who has a disability or other such as making it accessible for wheelchair users.| Adjournment|An order by the court that proceedings are postponed until a later date.| Adjudication|A judgment or decision of a court, tribunal or adjudicator in alternative dispute resolution (ADR) cases where disputes are resolved outside of the court| Administration Order|An order by a County Court directing a debtor to pay a specified monthly instalment into Court in respect of outstanding debts. The Court retains the payments made and at intervals distributes it between the creditors on a pro-rata basis| Administrative Court|the Administrative Court is part of the High Court. It deals with applications for judicial review.| Adverse Possession|A squatter can come onto land, occupy it, and subsequently gain legal ownership of it. If the occupation continues unopposed for a period as defined law.| Advertising For Tenants|Advertise to secure tenants according to the type of tenant that may be attracted to the property.| Advice For Landlord|We provide 7 days a week telephone support to our members | Advice For Renting|We provide 7 days a week telephone support to our members | Advocate|A barrister or solicitor representing a party in a hearing before a Court| Affidavit|A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it| Affirmation|Declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath. They declare by affirmation that the evidence he/she is giving is the truth| Affordable Housing|low cost housing for sale, rent part ownership, or subsidised housing| Agency Fees|Charges made by accommodation agencies for finding accommodation for tenants, or for finding tenants for landlords. Some agencies also charge for drawing up and renewing tenancy agreements.| Agent|Someone who acts on behalf of another for a fee such as an estate agent No formal qualification is required to set up as an estate agent in the UK| Agent Inspections |Should be as defined within the management agreement but no less than every 6 months ideally being every 3 months | Aggravated Damages|Additional damages that the court may award as compensation for the defendant's objectionable behaviour.| Agricultural Occupiers|Provide as by their employer as a condition of their employment that is agricultural employment| Allocations|The way in which local authorities and registered social landlords make offers of permanent accommodation.| ALMO|An Arms Length Management Organisation A Council owned housing company to manage the housing service independently of the Council| Alternative Dispute Resolution|Collective description of methods of resolving disputes outside the court system | Amendment|The process by which corrections to court documents, such as statements of case, can be made. A statement of case can be amended at any time, before it is served or with permission of all other parties or the court, (once served). The court may reject the amendment, even if the party concerned has permission of other parties to the case.| Amount Offered In Satisfaction|An amount of money offered by a defendant to pay a debt or to settle another type of claim, for example in a personal injury case| Annual Percentage Rate|A standard measure of the cost of borrowing including interest charges and other fees must be shown on all UK loan advertisements| Annul|To declare no longer valid| Anti Social Behaviour|Antisocial behaviour is any aggressive, intimidating or destructive activity that damages or destroys another person's quality of life.| Anti Social Behaviour Injunctions|Social landlords such as local authorities, housing action trusts,ALMOS | ANUC|Accreditation Network UK (ANUK) UK accreditation steering panel promoting best practice| Appeal (council, Land Tribunal)|If you are not happy with a decision made by the council, rent officer etc then you can appeal. A tribunal, independent from the housing and council tax benefit department, will review the decision. This is called an appeal hearing.| Appeal (court Legal Process)|Application to a higher court or other body for review of a decision taken by a lower court or tribunal. The higher court may overturn or uphold (i.e. reject) the lower court's decision. Often, permission (leave) is required, to for an appeal to occur.| Appellant|A person appealing to a higher court or body against a decision made in a lower court or body| Applicant|A person who makes an application, for example where a party applies to the court to have a possession order set aside.| Applying for a bailiff|If you have obtained a possession order and the tenant failed to vacate by the date specified on that order, then you must make an application for the County Court bailiffs to evict your tenant. | Apportionment|The way that the costs of a service are shared| Appraisement or appraisal|Valuation of goods seized under warrant of execution prior to sale| Arbitration|A method of settling disputes adjudication of the arguments between parties| Arbitration|A process in which both sides agree to use an independent arbitrator (an impartial person) who gives a binding decision in the matter. The person making the claim (claimant) has to choose between going to arbitration and court – it is not usually possible to take a claim to court after it has been through arbitration| Arbitrator|A process in which both sides agree to use an independent arbitrator (an impartial person) who gives a binding decision in the matter. The person making the claim (claimant) has to choose between going to arbitration and court – it is not usually possible to take a claim to court after it has been through arbitration| Architect|A person who designs or plans buildings and extensions| ARLS|Association of Residential Letting Agents, ARLA, is a professional trade body concerned with the self-regulation of letting agents| Arrangement Fees|Fees that some lenders charge for arranging a mortgage or other loan. Some lenders will refund the fee when the loan or mortgage is agreed.| Arrears|If someone is in arrears it means they have fallen behind with rent payments If this happens, the landlord must act promptly and comply with a strict legal process| Arrears Of Rent|If someone is in arrears it means they have fallen behind with rent payments If this happens, the landlord must act promptly and comply with a strict legal process| Asbestos |The landlord has responsibility for asbestos It is clear that the landlord or management company is responsible for all asbestos exposures in the building's public/common areas | Ascent|A formal document required to transfer ownership of property to a person entitled to the property following the death of the owner| Asking Price|Price a seller hopes to achieve| Asset Classes|The underlying investments shares, bonds, property and cash deposits| Assignee|A party to whom a lease has been assigned (see entry on assignment below)| Assignment|The transfer of rights held by one party to another party. The OFT are weary of Landlords assigning obligations to the tenant | Assisted Party Or Assisted Person|This term is used to indicate a person who has been granted legal aid, also known as public funding, from the Legal Services Commission.| Assisted Person|A party to legal proceedings who is receiving legal aid| Assured Shorthold Tenancy|Commonly known as an AST. Introduced by the Housing Act 1988 the landlord has the right to terminate the tenancy by using a 'section 21 notice'.| Assured Shorthold Tenancy Section 20 |if commencing after 27/02/97 (or after 14/01/89 where a valid Section 20 had been issued)| Assured Tenancy|A tenancy defined by the Housing Act 1996 where the tenant enjoys security of tenure. unless the landlord can convince the court there are good reasons to evict you (such as rent arrears, damage etc) mainly used by housing associations providing strong security of tenure to tenants.| AST |AST Stands for Assured Shorthold tenancy. Introduced by the Housing Act 1988 the landlord has the right to terminate the tenancy by using a 'section 21 notice'.| Asylum Seekers|A person who is seeking refugee status and claims that it would be contrary to the UK's obligations under the Geneva Convention to remove her/him from.| ATED|
Annual Tax on Enveloped Dwellings (ATED)
This is when UK residential properties are owned by a company, a partnership with a corporate partner or a collective investment scheme. ATED which was originally the Annual Residential Property Tax, is a yearly charge on UK residential property.| Attachment Of Earnings|An attachment of earnings order is a method by which money will be stopped from a defendant's wages to pay a debt and as such will only help if the defendant is in paid employment.| Attachment Of Earnings Order|An order that instructs an employer to deduct a regular amount, fixed by the court, from a debtor's earnings and to pay that money into court. The court pays the money to the person or people to whom it is owed| Auction|A process whereby something is bought at a price that arises from a process of bidding| avoid expensive mistakes|Check the
Court Application form
before completing your
Notice. This will help you to verify the
which the courts require and qualify your
entitlement to use this process
, otherwise your application will be dismissed.| BACS|Banks Automated Clearance System, a method by money can be transferred Transfers by this method usually take up to 3 days to reach the intended account| Bailiff|Bailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people.| Bank Reference|A bank will never be derogatory about the person they are referring to so references will often be coded in this way and require a lot of reading between the lines.| Banker's Draft|Cheque issued by a Bank or Building Society guaranteed to be paid| Bankrupt|Insolvent - unable to pay creditors and having all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors; as a result of an order under the Insolvency Act 1986| Base Rate|The prevailing rate of interest set by the Bank of England most lenders use as a base for calculating interest from | Bedsit|Single room accommodation serves as a bedroom and living space in one Generally sharing a bathroom and/or kitchen with others Abbreviation of 'bed sitting room'| Bench Warrant|A warrant issued by the judge for an absent defendant to be arrested and brought before a Court| Betterment|The amount by the value of land is increased by development or by the grant of planning permission, or because of the development of neighbouring land into new properties| Break Clause|The point at a contract can be terminated by the tenant or the Landlord - must be a fair term| Bridging Finance|a short term loan secured on the value of the property and or land| Brine Search|A search to establish if a property might be affected as a result of disused workings near the property| Broker Fee|A fee charged by a broker or other intermediary for advising / negotiating a loan| Brown Field Site|Land has been previously developed, excluding mineral workings or other temporary uses. New houses and flats are often built on such sites | Building Lease|A long-term lease, imposing an obligation on the lessee to erect one or more buildings on the leased land, will become the property of the landlord after the lease expires| Building Regs Part P|Since 1st January 2005, the design, installation, inspection and testing of electrical installations in dwellings will be controlled under the Building Regulations.| Building Regulation Consent|Approval by the local authority on the design and materials used in building work| Building Survey|This is sometimes called a full structural survey It is a thorough inspection of a property carried out by a chartered surveyor| Buildings And Contents Insurance|Buildings and contents insurance can often be purchased together protecting both the building structure and your belongings and possessions inside| Buildings Insurance|A policy pays the cost of rebuilding or repairing your house if it is damaged or destroyed| Buildings Survey|Also called a structural survey, this provides a detailed report on the property's construction| Built Environment|A part of the environment consisting of buildings and structures| Bungalow|A single storey house| Buy To Let|The term used to describe buying a property with the specific intention of renting it out rather than living in it| Buy To Let Mortgage|A loan taken out to buy a property as an investment, for the sole purpose of renting the property out The rental income received from the tenant is used to repay the mortgage| Buy To Share|Describes the increasing trend of buying a property with the intention of renting out one or more rooms to help pay the mortgage Some lenders offer specialist mortgages for this| CAB|A charity which can offer free legal and financial advice to the general public.| Capital And Interest Mortgage|Also known as a repayment mortgage Your monthly payments gradually pay off the money (capital) you've borrowed, and also cover interest on the amount outstanding | Capital Appreciation|Growth or gain in the value of a property or asset over time Added to income This contributes to the overall or total return on a buy to let property or financial investment| Capital Gains|capital gain is a profit that results from investments into a capital asset, such as stocks , bonds or real estate , which exceeds the purchase price.| Capitalisation|The value of an asset assessed in relation to the expected future income (rental) stream| Capped Rate|A mortgage interest rate is a variable rate but capped at a maximum upper limit usually for a limited period| Case Management Conference|This is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case| Case Number|A unique reference number allocated to each case by the issuing Court| Cash Back|A sum of money usually paid by cheque by the lender on completion of a mortgage| Caveat|A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat| Caveat Emptor|Let the buyer beware, the onus is upon the buyer to discover, not on the seller to disclose| CCJ|Judgement for debt recorded at a County Court will show up when a credit check is undertaken - County court judgement - They are recorded on the Register of County Court Judgments for six years and can affect a defendant's ability to borrow money| Certificate Of Service|A document stating the date and manner in which the parties were served (given) a document. A landlord or their representative uses this form to provide the courts a statement of truth as to delivery of notices| Certificate Of Service 215|A landlord or their representative uses this form to provide the courts a statement of truth as to delivery of notices| Certificate Of Service N215|A landlord or their representative uses this form to provide the courts a statement of truth as to delivery of notices| Certificate Of Title|A certificate given to the Society by your legal representative confirms the title to your property is good and marketable| Chambers|Private room or Court from which the public are excluded in which a Judge may holding Landlord hearings for possession claims| Chancery Division|The Chancery Division is part of the High Court It deals with cases involving land law, trusts and company law.| Change Of Landlord Address|A Section 28 Notice MUST be served on the tenant | Change Of Use|More correctly referred to as a 'material change of use' A change in the use of land or buildings that is of significance for planning purposes, often requiring planning permission| Character Reference Landlord|Duty of care by the letting agent | Charge Certificate|Document of Title issued by the Land Registry subject to a Mortgage| Charging Order|A court order directing that a charge be put on the judgment debtors' property, such as a house or piece of land to secure payment of money due. This prevents the debtor from selling the property or land - without paying what is owed to the claimant| Chief Rent|A payment made on freehold land to the original freeholder for an infinite period Distinct from ground rent has a finite period| Circuit Judge|A judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court| Citizen's Advice Bureau|A charity which can offer free legal and financial advice to the general public.| Civil|Matters concerning private rights and not offences against the state| Civil Defendant|The person who has a claim made against them. They can defend (dispute the claim) or admit liability, in part or in full| Civil Justice Reforms|The result of the Access to Justice report by Lord Woolf The aim is to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management The reforms came into effect on 26 April 1999| Civil Procedure|The rules and procedures to be followed for civil cases in the county courts and High Court| Civil Procedure Rules|The rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts.| Civil Trial|Civil trials are generally held before one or more judges without a jury. The form and length of a civil trial will depend on the track to which the case has been allocated| Claim Form|Proceedings in a civil court start with the issuing of a claim form. The form, which is issued by the court (after the claimant has filed the form in court), includes a summary of the nature of the claim and the remedy (compensation or amends) sought| Claimant|The person issuing the claim. Previously known as the Plaintiff| Cleared Funds|Irrespective of the fact a cheque bounces one the tenant has possession they have security of tenure | CMC|This is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case| CML|Council of Mortgage Lenders - they are not regulated by the government| Co-Buying|Buying with another person who isn't your partner| Commissioner Of Oaths|Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence| Common Hold|common hold, this means that you can buy the freehold of a flat and own common parts of the building jointly with the owners of other flats in the building| Common Law|The law established, by precedent, from judicial decisions and established within a community| Common Law Tenancy|Created by granting a tenancy: For a rent less than £250 or more than £25000 per annum, To a company as opposed to an individual| Company Let|Where the obligations of the tenancy agreement fall up on a company not an individual| Compensation|Landlord Tenant cases will have a value of than 1,000 but less than 15,000 In addition tenants may sue for Cases with a Personal Injury Element . Above 15K becomes a multi track case| Completion Date|A date fixed in the Contract when all monies are paid over and the keys are released and the sale or purchase is finalised| Completion Statement|A written calculation of all the receipts and payments due in respect of the transaction| Compliance And Enforcement|Under statute councils must enforce housing acts | Compulsory Purchase Order|Local authorities and government agencies in England have powers under acts of parliament, to buy land that is not necessarily for sale by the owner| Conditions Of Sale|Part of the contract of sale drawn up during conveyance| Confidentiality Clause|An agreement between the parties to a lease or sale that some or all of the terms will remain confidential| Consecutive Sentence|An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences| Conservation Area|An area given statutory protection under the Planning Acts, in order to preserve and enhance its character and townscape| Contaminated Land|Land affected by contamination could arise from a past use of a property (e.g. oil refinery) or by things stored on the property in the past (e.g. petrol station)| Contempt of Court|Disobedience or wilful disregard to the judicial process.| Contents Insurance|Insurance to cover loss or damage to your possessions in the home| Contingency|An amount kept in reserve to guard against possible losses| Contract|The document setting out the parties, the properties and any special terms and conditions relating to a transaction| Contribution|A right of someone to recover from a third person all or part of the amount which is due/liable to pay.| Conversion|Refers to a house has been divided to make 2 or more flats| Conveyance|The legal document transferring ownership from seller to buyer| Conveyancer|Person who carries out the legal and administrative process involved in transferring the ownership of loan or any building from one owner to another| Conveyancing|The legal work needed to buy and sell properties| Co-Respondent|A person named as an adulterer (or third person) in a petition for divorce| CORGI|Has now been replaced by the gas safe register| Corroboration|Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases| Costs (civil)|In civil proceedings the general rule is the person who wins the case is entitled to his or her costs. The court may decide to reduce the costs to be paid by the losing side if it feels that the winner has behaved unreasonably. The award of costs is at the court's discretion| Cottage|Generally refers to smaller rural properties| Council Tax |Where a property is dub divided or let on multiple AST then the landlord may be liable for council tax | Counsel|A Barrister or solicitor in legal proceedings| Count|An individual offence set out in an indictment| Counterclaim|A claim made by a defendant against a claimant in an action| County Court|County courts deal with civil matters such as disputes over contracts, unpaid debts and negligence claims. County courts deal with all monetary claims up to £50,000. There are 218 county courts in England and Wales. The county court is a court of the first instance – where civil cases start| Court Application Accelerated|see Accelerated Possession | Court Fees|The County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the defendant ignores the judgment of the court. You will also be charged if you make applications to the court| Court Hearing|for a Section 8 Application or a Section 21 Application | Court Of Appeal|The Court of Appeal is the highest court within the Senior Courts, which also includes the High Court and Crown Court.| Courtroom|The room in which cases are heard| Covenant|Legal obligations incorporated in the Title requiring either the seller or the buyer to do or not to do something in relation to the property| CPI |Consumer Price Index - This official measure is calculated each month by taking a sample of goods and services that a typical household might buy including food heating household goods travel costs| CPI vs. RPI|The RPI is similar in nature to the CPI, but differs in the type of goods covered and how it is calculated. The RPI includes mortgage interest payments and housing depreciation, while the CPI does not.| Creditor|A person to whom money is owed by a debtor| Criminal|Person who has been found guilty of a criminal offence| Criminal Defendant|Person standing trial or appearing for sentence| Cross-Examination|The questioning of a witness for the other side in a case.| Damages|A sum of money awarded / claimed as compensation by the claimant.| Damages To The Property |The tenant should be notified given an opportunity to propose remedy the a section 8 Notice should be issued | Date Of Service|The date of service of the claim is the date upon which the defendant receives the claim form issued by the court on behalf of the claimant. If the 'particulars of claim' section is completed or the particulars of claim are attached, the defendant must acknowledge receipt within 14 days| Debtor|A person who owes money to someone or to an organisation| Decent Homes Standards |By 2010, 95% of all social housing in the UK will need to be of a minimum standard. A measure of general housing conditions introduced by the Government in 2000 | Declaration Of Trust|A document binding joint owners of property governing the division of proceeds of sale upon completion| Deed|A legal document which sets out the terms of an agreement, which is signed by both parties| Deed Of Covenant|A legal document setting out an undertaking, agreement, restriction or permission| Deed Of Gift|A document transferring the ownership of property from one person to another without any payment being made for it| Deed Of Guarantee|A document used where one person agrees to be responsible for someone else's debt or mortgage obligations if that person fails to carry out their own obligations| Deed Of Postponement|Where a mortgagee agrees to their mortgage ranking after another lender's mortgage| Deed Of Priority|Where a mortgagee agrees to their mortgage ranking after another lender's mortgage| Deed Of Variation|A legal document altering the terms of a lease| Deeds Administration Fee|An administration charge made by lenders for dealing with queries involving the deeds of a property| Default Judgment|May be obtained without a hearing by the claimant if the defendant fails to reply or pay within a 14 day period after service of the claim. A claimant can apply for a default judgment if the amount claimed is specified or for a judgment on liability if the amount claimed is unspecified.| Defective Premises|Section 4 of the Defective Premises Act 1972 places a duty of care on the landlord in relation to any person who might be affected by a defect | Defence Of Tender Before Claim|A defence that, before the claimant started proceedings, the defendant unconditionally offered to the claimant the amount due or, if no specified amount is claimed, an amount sufficient to satisfy the claim.| Defence Or Defending A Claim|When the defendant disputes the claim made by the claimant| Demised Premises|Premises are the subject of a lease| Demoted Tenancy|A demoted tenancy is a form of tenancy typically granted by Councils, Housing Associations, ALMOs and is NOT applicable to private Landlords. [in completion of court form N5B]| Deponent|Person giving evidence by affidavit| Deposit|It means “any money intended to be held by the Landlord or otherwise as security for the performance of any obligations of the Tenant or the discharge of any liability of his arising under or in connection with the Tenancy”. So a requirement "You the Tenant must pay me in advance the last months rent" can be argued a performance obligation see Section 213 Clauses 8a & 8b 2011 Localism Bill- Deposits Update 15/11/11| Deposit Disputes|Where a Landlord and tenant cannot agree the independent ADR service which is free adjudicates on disputes about tenancy deposits at the end of a tenancy. | Deposit Paid By Council |The council must be provided with prescribed information pertaining to the deposit| Deposit Return|Any undisputed portion of the deposit MUST be returned to the tenant within 10 days of checkout/exit| Deposit Tenancy Legislation |If you take deposit/renew AST after 6th April 2007 the deposit legislation of 2004 Housing Act applies | Deposition|A statement of evidence written down and sworn on oath, or by affirmation| Derogation From Grant|An obligation on the landlord not to take away with one hand that he has given with another (e.g. storing explosives next to the tenant's premises!)| Designated Civil Judge|A Judge designated to deal with the Civil Justice Reforms for a group of courts| Detached House|Refers to a house is completely separate from its neighbours| developers|Designers and builders of new homes| development control|The process whereby a local planning authority decides whether a planning application meets the requirements of planning policy, particularly as set out in development plans| Devi|Person to whom freehold land is given by a will| dilapidations|Any disrepair or damage to a rented property| Directions (civil)|case management instructions given by the judge which give a time-table for pre-trial procedures. In cases allocated to the small claims track the judge will usually give standard directions, in cases allocate to the multi-track, there may be several hearings on directions| disbursements|Fees paid out by your legal adviser to other parties such as Stamp duty, Land Registry and Local Authorities| discharge fee|a charge imposed by some lenders for releasing their hold over a property| Disclosure|Parties to a civil case must disclose (show to the other party) documents they intend to rely on in court to support their case| Discount Rate|A mortgage interest rate typically discounted for a fixed period| Discrimination |Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 | Discuss Intent |Before acting it is always good practice to determine everyone's intention with regard to the tenancy| Dismissal|To make order or decision that a claim be ceased| Dispute|A civil problem not dealt with in court, (a civil dispute which comes to court is called a civil case); challenging the views of the opposing party in a civil case| Distress For Rent|A remedy enabling landlords to recover rent arrears by the seizure and sale of goods within the defaulting tenant's property| District Judge|A judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction Previously known as Registrars| Diversification|Spreading your investments across different asset classes, or types of investments within an asset class| DSL|The Department for Communities and Local Government| Early Repayment Charge|Usually incurred where a product has been taken out over a specified period and the mortgage or part of the mortgage is repaid before the end of the period| Easement|A right given to the owner of one property over an adjoining property, such as a right of way This should be carefully considered by your solicitor during the purchase of a property| EEPH|The Energy Efficiency Partnership for Homes is a network of over 540 organisations from the public, private and voluntary sectors.| Electrical Safety |Landlord and Tenant Act 1985, Consumer Protection Act 1987, Electrical Equipment (Safety) Regulations 1994 and Building Regulations 2000 | Electrics Building Regs Part P |Applies to houses and flats and includes gardens and outbuildings such as sheds, garages and greenhouses| Emergency Access|Can be obtained where a genuine cause of concern for safety | Encroachment|An object such as a fence belongs to one property extends onto another| Energy Performance Certificates |From the 1st October 2008 Landlords are legally required to show prospective tenants an EPC Fine £100 for non compliance| Enforcement|Method of pursuing a civil action after judgment has been made in favour of a party. Process carried out by Magistrates Court to collect fines and other monetary orders made in the Crown Court| Enforcing A Judgment|When a judgment/order has not been paid or terms obeyed with, enforcement proceedings can be issued to ensure compliance. A court can order such action as the seizure of a defendant's property for sale| Enfranchisement|Legal right to buy the landlord's/council's interest in the property, usually a right to buy the freehold| Engrossment|The final copy of the Conveyance or Deed you will be asked to sign| Entry Of Judgment|Decision of the Court in favour of one or other of the parties| Environmental Search|A search against a property to check whether there is any record kept to suggest that the property may be affected by contamination| EPC|From the 1st October 2008 Landlords are legally required to show prospective tenants an EPC Fine £100 for non compliance| Equity|The difference between the price of a property sold and the loan on it| EST|The Energy Saving Trust offers advice and support on reducing energy demand in housing stock and lowering fuel bills.| Estate|The rights and assets of a person in property| Estate Agents|People who buy and sell properties on your behalf in exchange for a fee They must comply with the Estate agents act 1979| Estimated Rental Values (ERV)|An estimate of the rental a property is likely to command in the open market at a given time| Evict|Expel (someone) from a property, esp. with the support of the law| Eviction Notices |There are two lawful notices to end a tenancy being a Section 21 and a Section 8 Notice| Evidence|Documentary or other material which is used to support a person's case in a court of law| Evidence In Chief|The evidence given by a witness for the party who called him.| Exchange Of Contracts|The point at the buyer and seller become legally bound by the terms of the contract| Executor|A person or persons specified to carry out the provisions of a will| Exemplary Damages|Damages which go beyond compensating for actual loss and are awarded to show the court's disapproval of the defendant's behaviour.| Exempt|To be freed from liability or allegiance| Exit Fee|Exit fees when you pay off your mortgage or other form of financing| Ex-Local Authority|Refers to a property was formerly owned by the council| Expedition Fee|An additional fee can be paid to the land registry to speed up registration| Expert Witness|Person employed to give evidence on a subject in which they are qualified or have expertise| Expiry Date Of Section 21|There are three dates to consider on the notice, service, issue and expiry| Fair Rent|Rent determined by the Rent officer from the Rent Service [rent act 1977]| Fiat|A decree or command| Filed Plan|Plan prepared and held by the Land Registry identifying the extent of the property| Filing|The process of delivering or presenting forms and other documents to a court. For example a claim or a defence to a claim must be filed| Financial Services Authority|The Financial Services Authority has statutory responsibility for regulating the financial services sector does not currently regulate buy to let mortgages| Fire Safety |Duty of care to tenants and compliance with insurance requirements a consideration | Fixed Costs|Costs in civil cases that are set at a certain level and can be claimed in specific circumstances. For example, if a defendant does not acknowledge a claim, the claimant can obtain judgment and an order for fixed costs to offset the cost of beginning the claim| Fixed Interest Rate|Where the rate of interest payable on a loan is fixed at a certain rate for a given period of time| Fixed Rate Mortgage|A mortgage interest rate where the mortgagee agrees to charge a fixed rate of interest over a given period whether or not the variable rate changes| Fixtures And Fittings|All non-structural items included in the purchase of a property| Fixtures And Fittings Form|A form annexed to the Contract listing the items included in the sale| Flat|Generally refers to a property occupying only part of a building, known as an apartment in the US Blocks of flats can be purpose built or in converted houses| Flying Freehold|This arises when part of one property is built on top of part of another property and so the upper property owner does not own the building or land underneath the "flying" part| Fractional Letting|Usually used to describe ongoing lettings don't cover the whole week The most common example is Monday-Friday lets where the tenant is elsewhere for weekends| Freehold|the land on the property is built is part of the sale and no ground rent or service charge is payable| FRI Lease|An FRI lease requires the tenant to pay all running costs, e.g. maintenance, rates and insurance| FSA|The Financial Services Authority has statutory responsibility for regulating the financial services sector does not currently regulate buy to let mortgages| Full Repairing And Insuring Lease|An FRI lease requires the tenant to pay all running costs, e.g. maintenance, rates and insurance| Full Structural Survey|A detailed examination of the structure of the property undertaken by a qualified surveyor| Furnished Accommodation |From 1st January 1997, all upholstered furniture provided in privately rented accommodation was required to comply with the fire an flame| Furniture And Furnishings |The Furniture and Furnishings (Fire)(Safety) Regulations 1988 apply to domestic items | Further Advance|An additional amount lent to the mortgagor under the terms of the original mortgage| Garden Flat|Literally a flat with a garden| Garnishee|A summons issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant| Gas Safety |You or your agent cannot contract out of your obligations under the Regulations and you should be aware that a breach of the Regulations is a criminal offence enforced by Health & Safety Executive and may result in a custodial sentence being issued | Gearing|The use of borrowing potentially to increase the amount you get back, but will also increase the risk| General Conditions Of Sale|General Conditions covering all properties for sale| General Product Safety |The General Product Safety Regulations provide that anything supplied to a consumer in the course of commercial activities must be safe | Georgian|Property built between approximately 1714-1800| Good Repair|rented properties are required to be maintained in good repair and fit for human habitation See HSSRS standards additional rules apply to HMO| Governance|How organisations are run and managed| Granny Flat|Smaller self-contained flat at the back or on an upper floor of the main property Usually with it's own front door| Granting A Tenancy |A Tenancy is granted upon the giving of the keys not the signing of the agreement. Such agreement should always contain a subject to availability clause like ours| Greenfield Site|An area not previously used for built development| Gross Income|Your total income before tax and expenditures| Gross Yield|(Annual rental income × 100), divided by purchase price| Ground Rent|The rent charged by the landlord/council to the leaseholder| Grounds For Possession|Applicable to section 8 standard possession procedure - see Grounds under section 8| Group Litigation Orders|A Group Litigation Order can be made in a claim in which there are multiple parties or claimants. The order will provide for the case management of claims which give rise to common or related issues of fact or law| Guarantee|A legally binding promise given by someone payment if somebody else fails to do so| Guaranteed Rental Income|There is an amount of income that is guaranteed per year Make sure you enquire who is guaranteeing the rental income, for how long and if there a contract in place| Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ Habitable Room|A bedroom, living room or other reception room, not a kitchen, bathroom or WC| Harassment |It is a criminal offence under the Protection from Eviction Act 1977 for any person to harass a residential occupier | Head Lessee|Where a sub-tenancy (or series of sub tenancies) exists, the highest leaseholder in the chain (who pays head rent to the freeholder)| Head Tenant |The head tenant must have the landlord's permission to sub-let.| Headline Rent|The rent apparently being paid, may not take account of concessions such as rent-free periods| Hearing|A hearing is the trial of the case. Hearings are usually held in public| HHSRS|The Housing Health and Safety Rating System (HHSRS) is the method used by local authorities to assess housing conditions| HIA|An agency that provides help and advice to ensure that vulnerable people can maintain the fabric of their homes for the foreseeable future and remain independent| High Court|The High Court deals at first instance with all high value and high importance cases, and also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions.| High Court Enforcement Officers|An enforcement officer appointed by the Lord Chancellor to enforce High Court judgments and orders| HIP|From August 2007 it will be compulsory to produce an information pack about your property before putting it on the market| HMO|House in Multiple Occupation Refers to certain types of accommodation shared by several people See HMOs under letting| HMO Licensing |A property licence is required by the Landlord or Agent where the property or any part of it comprises three storeys or 5 or more persons | HMO Manager |The person responsible for in the main day to day operational and compliance issues in shared houses that are licensable | Home Condition Report|Part of the HIP that contains essential information about the property| Home Court|The court nearest to the defendant's home or place of business| Home Improvement Agency|An agency that provides help and advice to ensure that vulnerable people can maintain the fabric of their homes for the foreseeable future and remain independent| Home Information Pack|From August 2007 it will be compulsory to produce an information pack about your property before putting it on the market| Homebuyer Survey|A standard report that evaluates any urgent repairs| Houseboat|A floating house generally, but not always, converted from a boat| Housing Act|Housing Act is a wide ranging piece of government legislation that covers many aspects of buying selling renting and letting property| housing Act 1988 Section 21|This was the initial legislation pertaining to a Notice to terminate an AST amended in 1996 with additional compliance procedure introduced in 2004 Housing Act | ICE |Independent case examiner| IFA|Independent Financial Advisor| IHT|Inheritance tax| Impartial|Not having or showing any favouritism to one side in a dispute| Improvements|Significant works to be carried out to a property, block or estate but not work that is required to remedy disrepair| Indemnity|A right of someone to recover from a third party the whole amount which he himself is liable to pay.| Independent|Person or organisation not connected to any of the parties in a dispute or legal case| Indexation|The regular adjustment of a rent in accordance with a specified index, e.g. the Retail Price Index| Injunction|A court order which either restrains a person from a course of action or behaviour, or requiring a person to do something.| Instalments|A method of paying a debt in several parts at intervals. Payment by instalments is agreed to make the burden of repayment lighter| Insurance Ombudsman|This is an official body to any complaints or problems with an insurer should be put| Interest|A charge for borrowed money, a percentage of the sum borrowed| Interest Only Mortgage|A mortgage whereby interest only is paid and the capital amount of the original loan is repaid at the end of the mortgage term| Interest Rate|The monthly effective rate paid on borrowed money| Interim Order|An order made during proceedings which is not a final order| Interim Rent|A landlord may apply to the court to fix an interim rent| Invalid Section 21 Notices|7 out of 10 Notice issued are invalid due to technical errors | Inventory|A list which describes the condition of furnishings and contents at the commencement and end of the tenancy| Investment Club|A group of people who band together and sometimes pool money in order to invest| Investment Yield|Annual rent passing as a percentage of the capital value| Joint Borrower|Where there is more than one borrower| Joint Liability|Parties who are jointly liable share a single liability and each party can be held liable for the whole of it.| Joint Tenants|People who jointly take responsibility for a tenancy - must have clause jointly and severally in the agreement, like ours| Judge|An officer appointed to administer the law and who has authority to hear and try cases in a court of law| Judgment|The decision or sentence issued by a court in legal proceedings| Judgment Set Aside|A judgment or order can be set aside (made void) at the request of a party to the case in certain circumstances, for example if they were too ill to attend court on the day of the judgment| Judicial|i) Relating to the Administration of justice or to the judgment of a Court ii) A judge or other officer empowered to act as a judge| Judicial Discretion|Judges have the power to decide how best to manage the case on the individual facts. They do not necessarily have to look at how similar cases are managed. The judge has very wide case management powers under Rule 3 of the civil procedure rules to decide on the evidence parties produce how best to manage their case| Judicial Review|The High Court can review decisions of inferior (lower) courts, public bodies and other bodies to ensure that the decision making process has been lawful| Judiciary|i) Relating to the Administration of justice or to the judgment of a Court ii) A judge or other officer empowered to act as a judge| Jurisdiction|The area and matters over which a Court has legal authority| Jury|Body of jurors sworn to reach a verdict according to the evidence in a Court| Justice Of The Peace|A lay magistrate - person appointed to administer judicial business in a Magistrates Court. Also sits in the Crown Court with a judge or recorder to hear appeals and committals for sentence| Juvenile|Person under 17 years of age| Land Certificate|An official certificate issued by the land registry where a property is registered detailing the ownership and interests in the property| Land Registration|The process of registering your title to an area of land with the Land Registry, typically handled by a solicitor| Land Registry|Central Registry responsible for recording ownership of land| Land Registry Certificate|This is a copy of the property entry in the land registry database concerning a property transaction or ownership| Land Registry Fee|A charged levied by a solicitor to register ownership of an area of land with the Land Registry| Land Search|A formal application for an inspection of the Land Registry register| Landlord Associations|trade associations who lobby for landlords interests see about us| Landlord Eviction|see ending a tenancy for help in letting| Landlord Repair Obligations |As well as any repair responsibilities expressly set out in the tenancy agreement, common law and statute will imply terms into the agreement between you and tenant These are | Law Lords|Describes the judges of the House of Lords who are known as the Lords of Appeal in ordinary| Lawyer|The legal profession in the UK is divided into two branches. Barristers have the right to represent clients in higher courts whereas most solicitors are restricted to represent their clients in the lower courts| Lay Representative|A person, not legally qualified, who accompanies another during a court hearing. The person may be a colleague, friend or spouse.| Lead Tenant|The Tenant, party to a joint tenancy agreement, who is authorised by all other Tenants party to the joint tenancy agreement to deal with the Scheme Administrator on all matters relating to the protection of the deposit| Leading Junior Counsel|A senior barrister who deals with more serious cases, but not a QC.| Lease|The legal contract between the leaseholder and the landlord. The letting of land or tenements, e.g. rent etc, for property for a prescribed period. Rent to X for Y for Z period| Leasehold|means that the land on the property is built is not part of the sale You have to pay ground rent to the owner of the land[ the freeholder]| Leasehold Interest|The leaseholder's rights in the property| Legal Advice|Advice about the law and your options from a qualified legal representative or advice centre| Legal Aid|State funded assistance, for those on low incomes, to cover legal fees.| Legal Charge|A document held by the Land Registry detailing who had first claim on your property| Legal Personal Representative|The person to whom a grant of probate or letters of administration has been issued| Legally Assisted Person|A party to legal proceedings who is receiving legal aid| Legatee|Person to whom personal estate is given by will| Lessor|The party letting the property (i.e. the landlord)| Letters Of Administration|Authority granted by a Probate Registry to someone interested in the estate of a person who has died without leaving a will. The order allows the 'administrator' to carry out the duties relating to the estate| LHA|Local Housing Allowance - Only applies to tenants who rent from private landlords. LHA defines what the maximum Housing Benefit a tenant is eligible to receive based on their needs - Not what the property is| Liability|Responsibility or obligation. For example, a debt is a liability or responsibility.| Libel|A written and published statement/article which infers damaging remarks on a persons reputation| Libor|The interest rate at banks in London buy and sell money between each other| Licence|Permission to carry out an act that would otherwise be considered illegal| Lien|A legal right to withhold the goods property of another until payment is made. security for a debt could be construed has harassment if inappropriate| Limitation period|The period within which a person who has a right to claim against another person must start court proceedings to establish that right. The expiry of the period may be a defence to the claim.| Listed Building|Building or other structure of special architectural or historic interest| Listing Questionnaire|This form is used to ensure that all issues are resolved and that the parties are ready for trial. Used for Fast track and Multi track claims only| Litigant In Person|A person who starts or defends a case without legal representation. Such a person is entitled to be accompanied by another person who may advise them, but may not address the court| Litigation|Legal proceedings or court action. Litigation can be either civil or criminal proceedings.| Litigation Friend|A person who conducts legal proceedings on behalf of a child or a mentally incapacitated person| Live-in Landlord|A homeowner who rents out one or more rooms in their property whilst living there themselves| Local Authority Search|A check carried out by a purchaser's solicitor to ensure that the prospective property is not subject to any local authority issues| Local Housing Allowance |Local Housing Allowance (LHA) is a new way of working out Housing Benefit for private tenants It was introduced nationally on 7 April 2008 | Lodger|A lodger is a tenant who rents a room (or rooms) in another's house, usually from a Live in landlord| Loft Apartment|Generally in former industrial premises and often open plan in layout loft apartments usually have high ceilings and lots of natural light| Long Vacation|Period between 1 August and 30 September in each year during which there are only restricted High Court sittings for urgent matters| Lord Chief Justice|Senior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of Justice)| Lord Justice Of Appeal|Title given to certain judges sitting in the Court of Appeal| Maintenance Charge|A charge usually in flats to cover the cost of repairing and maintaining common parts a building| Maisonette|A purpose built house typically divided into two dwellings| Major Repairs|Significant work required to remedy disrepair to the structure, services or external elements of a property, block or estate| MCOL|An online Service that allows claimants to start legal proceedings which relate to money. Defendants can use the service to respond to a claim against them also| Mediation|A process for resolving disagreements in which an impartial third party (the mediator) helps people in dispute to find a mutually acceptable resolution. If mediation fails court proceedings can be initiated or re-activated| Mesne Profits|Sum of money claimed by the owner of property against someone not legally entitled to be in possession. Calculated from the date the notice to quit expires until the date possession is given up| Method Of Apportionment|The way that the costs of a service are shared| Mining Search|A search to check whether the property may be affected by coal mining activity may result in subsidence| Minor|Someone below 18 years of age and unable to sue or be sued without representation, other than for wages. A minor sues by a next friend and defends by a guardian| Mitigation|Reasons submitted on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence| Money Claim Online|An online Service that allows claimants to start legal proceedings which relate to money. Defendants can use the service to respond to a claim against them also| Mortgage Arrangement Fee|A cost charged direct to you by a mortgage broker or independent financial adviser, usually charged on an hourly basis| Mortgage Deed|The document signed by the mortgagor to create a legal charge the mortgagee can register at the land registry| Mortgage Valuation|A report commissioned by your lender to check the property is valued correctly| Mortgagee|The party that advances the loan| Mortgagor|The party who has taken out the mortgage| Motion|An application by one party to the High Court for an order in their favour| Multi Track|The path that defended claims over £15000 are allocated to | NAEA|National Association of Estate Agents| NALS|The National Approved Letting Scheme is a Government backed accreditation scheme| National Approved Letting Scheme|The National Approved Letting Scheme is a Government backed accreditation scheme| NAV|An expression used with investment trusts to mean the value of the fund's underlying assets| Net asset value|An expression used with investment trusts to mean the value of the fund's underlying assets| NHBC|National House Building Council| Non-Suit|Proceedings where the plaintiff has failed to establish to the Court's satisfaction that there is a case for the defendant to answer| Notary|Someone who is authorised to swear oaths and certify the execution of deeds such as a Solicitor| Notice Of Issue|Notice sent by a Court to the claimant giving notification of the case number allocated to their action and details of fees paid. Confirms date of service.| Notice To Quit|Gives prior notice, when served in possession proceedings, of termination of a tenancy - see ending a tenancy for help in letting| Notice To Tenant|See section 8 and 21 under letting ending a tenancy| Objection|Disagreement with an argument or set out by another at the hearing| Occupiers Duty Of Care |Section 2 of the Occupiers Liability Act 1957 provides that the occupier of a property has a duty of care to all visitors who come onto their premises | Official Copy|A copy of an official document, supplied and marked as such by the office which issued the original.| Official Receiver|An officer of the Insolvency Service of the United Kingdom, the Official Receiver (OR) is an officer of the court to which he is attached.| Official Solicitor|A solicitor or barrister appointed by the Lord Chancellor and working in the Lord Chancellor's Department. The duties include representing, in legal proceedings, people who are incapable of looking after their own affairs i.e. children/persons suffering from mental illness| Ombudsman|Independent 'referees' who consider complaints against public and private organisations in a wide range of fields including housing, health and banking. They are often used as a last resort when complaints cannot be resolved through an organisation's own complaints procedure. Ombudsman services are free to use. Recommendations made by ombudsmen are not binding on the person making the complaint (complainant). They can still go to court even if the ombudsman decided against them| Open Market Value|The price a property would achieve when there is a willing buyer and willing seller.| Oral Evidence|Evidence given to a court, verbally rather than in writing.| Oral Examination|A method of questioning a person under oath before an officer of the Court to obtain details of their financial affairs.| Ouster|An order within an injunction to force a person to leave a property| Over-renting|This occurs when the rent passing exceeds the current open market rent| PAG|Probation Accommodation Grant, paid by the Home Office to provide accommodation and support for ex-offenders| Particulars Of Claim|This document contains details of the claimant's claim which must be contained in the claim form or served shortly after the claim form has been served. The particulars should be a concise statement of the facts of the claim| Party and Party|Costs that one party must pay to another| Party Wall|The wall shared by two connected properties| PCOL|An online Service which allows claimants to start legal proceedings related to property online. Defendants can use the service to respond to a claim against them also| Personal Application|Application made to the Court without legal representation| Personal Injury Claim|A civil claim, which relates to physical or mental harm suffered by a claimant, due to the defendant's alleged negligence| Personal Service|Personal delivery (i.e. not by mail) of a claim, summons or notice| Petition|A method of commencing proceedings whereby the order required by the petitioner from the Court is expressed as a prayer, e.g. the petitioner therefore prays that the marriage be dissolved (divorce proceedings)| Petitioner|A person who presents the petition| Plaint Number|Old-fashioned term for Claim Number| Plea|A defendant's reply to a charge put to him by a court; i.e. guilty or not guilty| Pleading|Documents setting out claim/defence of parties involved in civil proceedings| Possession Claim Online|An online Service which allows claimants to start legal proceedings related to property online. Defendants can use the service to respond to a claim against them also| Possession Proceedings|Legal proceedings by a landlord to recover land or property such as a house or flat. use a Section 21 for Accelerated and Section 8 for Standard possession see ending a tenancy| Power of Arrest|An order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order| Practice Directions|These are steps to be followed by parties to a dispute prior to legal action. The aim of the to increase co-operation between parties and therefore the chances of an early settlement| Practice Form|Form to be used for a particular purpose in proceedings, the form and purpose being specified by a practice direction.| Pre-action Protocol|Social Housing Procedures, but likely too extend to the private sector, pre-action conduct prior too commencement of tenant eviction. Such as protocol in rent arrears| Precedent|The decision of a case which established principles of law that act as an authority for future cases of a similar nature| Preliminary Hearing|A hearing in which the Judge ensures that the parties understand what they must do to comply with any directions and offers guidance on such matters as the use of an expert witness. This hearing is before the final hearing| Prescribed Information Deposits |The Landlord is obliged to supply the following information for this supplements the provisions relating to tenancy deposit schemes Failure to do so exposes you to Penalties and fines| Prime Covenant|The best quality of investment, represented by prime property| Prime Location|The most desirable or sought after location| Prime Property|Broadly, prime property finished to a high specification, well situated in a commercially strong geographical location and let to a good tenant| Private Rented Sector|Private Rented Sector (prs) is housing that is privately owned and is let tenants| Private Road|A road maintained by property owners rather than by the local authority| Private Treaty|The sale of a property at a price agreed to by the seller and the buyer or their agents| Privilege|The right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law.| Probate|The legal recognition that a will is valid| Property Price Survey|Research that shows the prices of properties across the country| Protected Tenancy|A tenancy under the tenant has security of tenure under Part II of the Landlord and Tenant Act 1954| PRS|Private Rented Sector (prs) is housing that is privately owned and is let tenants| Public Funding|State funded assistance, for those on low incomes, to cover legal fees.| Public Liability Insurance|This type of insurance covers you should anyone suffer injury or death in or around your property| Purpose Built|Refers to a collection of flats built as such rather than a conversion| Quantum Of Damages|In a damages claim the amount to be determined by the court| Queen's Counsel|Barristers of at least ten years standing may apply to become queen's counsel. QCs undertake work of an important nature and are referred to as 'silks' which is derived from the Courts gown that is worn. Will be known as king's counsel if a king assumes the throne| Quiet Enjoyment|Tenants have a right to "quiet enjoyment" which means the freedom to enjoy the property as any owner would - free from unnecessary interference by the landlord.| Rack Rent|The best market rent obtainable| Rate Of Return|The change in the value of your investment taking into account both income and growth| Re-allocation|Transferring the case from one allocated track to another. This can happen if the value of the case increases| Receiver|Person appointed by the Court of Protection to act on behalf of a patient| Recognisance|An undertaking before the Court by which a person agrees to comply with a certain condition, e.g. keep the peace/appear in court. A sum of money is normally pledged to ensure compliance| Redemption|Payment made when repaying a mortgage| Regency|Property built between approximately 1800 -1837| Register of judgments, orders and fines|A public register containing details of county court and High Court judgments, fines enforced by magistrates' courts and county court administration orders| Registered Land|Property has already been registered at the Land Registry| Registered Social Landlord|A Registered Social Landlord is a not-for-profit housing association or trust| Relevant Party|Any third party that has paid all or part of the deposit on behalf of the Tenant(s). Such as parent, council, trust or a charity| Remand|To order an accused person to be kept in custody or placed on bail pending further Court appearance| Rent A Room Scheme|A government scheme allows you to earn up to 4,250 a year tax free by taking in a lodger| Rent Assessment Committees |tenants of assured shorthold tenancies can refer their rent for review during the first six months of their original tenancy, or under the notice procedure under s13 of the Housing Act 1988 | Rent Book|A landlord is only legally obliged to provide a rent book if the rent is payable on a weekly basis (where failure to provide a rent book is a criminal offence) | Rent Passing|The actual current rent being paid| Rental Value|The rent that a property might reasonably be expected to command in the open market at a given time, subject to the terms of the lease| Rental Yield|This is what a landlord can expect to receive in rent, expressed as a percentage of the purchase price of the property| Rescission|When the sale of a property is cancelled or revoked| Residential Property Tribunal Service|The Residential Property Tribunal Service determine Fair rents and Market rents for Regulated (Rent Act) and Assured tenancies.| Residential Property Tribunal Service |The Residential Property Tribunal Service determine Fair rents and Market rents for Regulated (Rent Act) and Assured tenancies.| Response Pack|A response pack is sent to the defendant in a civil claim with the claim form or with the particulars of claim (if they were served separately). The pack contains all the forms needed to reply to the claim| Restitution|Where a defendant who has been evicted by a bailiff illegally re-enters the property the claimant must issue a warrant of restitution with the court in order to regain possession| Retention|A sum of money held back until agreed work or repairs have been carried out to the property to the satisfaction of the lender| RIBA|The Royal Institute of British Architects (RIBA) exists to advance architecture and promote excellence in the profession.| RICS|Royal Institute of Chartered Surveyors Professional body for surveyors| Right Of Audience|Entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the proceedings| Rights Of Entry And Refusal |The landlord is giving the tenant the right to occupy the property as their home, the landlord is not entitled to enter the tenants living area without permission | ROI|Return on Investment| Room Contents Insurance|A specific policy to cover those who rent a room within a property| RPI|Retail Prices Index| RPTS|The Residential Property Tribunal Service determine Fair rents and Market rents for Regulated (Rent Act) and Assured tenancies.| RSL|A Registered Social Landlord is a not-for-profit housing association or trust| Rugg Report|With almost 26 million homes in England being rented from over half a million private landlords, In January 2008 Yvette Cooper commissioned an independent review to look at what problems tenants and landlords face and what works well in the sector | S21 Notice|A Notice to the tenant providing no less than two months notice to vacate. The Notice must comply with a definitive process including text, serving and expiry of such | Sale And Leaseback|An arrangement whereby a property is sold, with the vendor simultaneously being granted a lease on the property by the purchaser| Sanction|A penalty imposed on a person involved in a case if he or she, for example, fails to comply with directions or refuses to consider an alternative to court. Even though a person wins a case, the judge may order them to pay the other party's costs| Satisfaction|Paying a debt or settling an obligation by an act or deed| Seal|A seal is a mark which the court puts on a document to indicate that the document has been issued by the court.| Seasonal Lettings|Describes short term lets covering a particular time of year (e.g. Summer, the duration of a particular event etc)| Secondary Property|A term used for property is defective in one (or possibly two) of the characteristics of prime property| Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ Section 11 Repairs |There are a number of statutory implied terms dictate your repair obligations as landlord The most important of these is Section 11 of the Landlord and Tenant Act 1985 | Section 13 Notices|Notice of a Rent Increase There are only two ways to lawfully increase the rent Issue a Section 13(2) Housing Act 1988 Notice proposes an increase in rent or Issue a new tenancy agreement at the end of the fixed term with an increase in rent | Section 21|A Notice to the tenant providing no less than two months notice to vacate. The Notice must comply with a definitive process including text, serving and expiry of such | Section 21 1B |A section 21 Notice that is served when the tenancy is still in the fixed term of the tenancy | Section 21 Notices |A Section 21 Notice informs the tenant you are giving them no less than two months notice of your intention to bring the tenancy to an end| Section 48 Notices |Should the Landlord change their address issue a Section 48 Notice Your tenancy agreement MUST include contact details of an address in England or Wales where the tenant may contact you | Section 8 Notices |A Section 8 Housing Act 1988 Notice is fault based notice i.e. the tenant has done something wrong | Security Of Tenure|A period in which something is held| selling Price|Price actually achieved, can be lower or higher than the asking price| Semi Detached|Refers to a house with only one party wall| Service Charge|The amount a tenant pays for services his landlord provides| Service Of Documents |The way in which a required document has been legally served on a tenant | serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Set Aside|Cancelling a judgment or order or a step taken by a party in the proceedings.| Settlement|A voluntarily agreement by the claimant and defendant to settle their civil case.| Several Liability|A person who is severally liable with others may remain liable for the whole claim even where judgment has been obtained against the others.| Sharers|A term usually applied to those living in shared accommodation together| Sheriff|An officer of the Crown whose duties, amongst other things, consist of the enforcement of High Court writs of execution| Side Agreement|Terms agreed separately by landlord and tenant, or by buyer and seller, do not form part of the lease or contract of sale| Signor|One who assigns a lease| SILK|Queens Counsel, a senior barrister sometimes referred to as a leader or leading counsel| Sitting Tenant|This is someone who has a legal right to occupy a property, even if that property changes ownership They are entitled to apply to the local authority to set a fair rent| Skeleton Argument|A written summary of the main points of a case to be heard by an appeal court.| Slander|Spoken words which have a damaging effect on a person's reputation| Slush Fund|An amount kept in reserve to guard against possible losses| Small Claims Track|The path that defended claims of no more than £5,000 (and personal injury and housing disrepair claims of no more than £1,000) are allocated to| Smoking In Rented Premises |In common areas of shared accommodation, such as staircases, bathrooms, kitchens, toilets, etc, where cleaners are employed or there is public access, smoking is not allowed and signage should be displayed to this effect | Solicitor|Member of the legal profession chiefly concerned with advising clients and preparing their cases and representing them in some Courts. May also act as advocates before certain Courts or tribunals| Specified Amounts Of Money|A specific and easily calculable amount of money, such as a debt owed to a claimant| Specified Claim|A type of claim which is issued for a fixed amount of money allegedly owing. Previously known as a liquidated claim| Squatter|A person occupying land or property without the owners consent| Squatting|The occupation of land or property without the owner's consent| Standard Possession Procedure|With Assured Shorthold and Assured Shorthold Tenancies (AST), the Landlord can apply for possession, after the expiry of a Section 8 Notice. Such Notice must be served upon the tenant and include a legal description of the breach they have committed | Standing Order|Standing Order is an instruction a bank account holder gives to his bank to pay a set amount at regular intervals to another account. They are typically used to pay rent, mortgage or other fixed regular payments.| Statement|A written account by a witness of the facts of details of a matter| Statement Of Case|The statement of case contains the outline of the claimant's case and includes: (i) a claim form, (ii) the particulars of claim – where these are not included in the claim form; (iii) the defence and (iv) a reply to the defence (v) any counterclaim| Statement Of Truth|Every statement of case must be verified by a statement of truth, signed by the parties involved. A statement of truth is a statement that says that a party believes the facts they have written down are true| Statutory Instrument|A document issued by the delegated authority (usually a Government Minister or committee) named within an act of parliament which affects the workings of the original Act, e.g. The County Courts Act 1984 confers authority on to the County Court Rule Committee to make rules relating to the operation of the County Courts act| Stay Of Execution|An order following which judgment cannot be enforced without leave of the court| Strike Out|Striking out means the court ordering written material to be deleted so that it may no longer be relied upon.| Striking A Case Out|The court can strike out a case (prevent all further proceedings) if a party fails to comply with a rule, practice direction or court order. It can also happen if it appears there are no reasonable grounds for bringing or defending a claim. Either party (the defendant or the claimant) can ask the court to strike a case out| Studio|Generally a single room for cooking, living and sleeping with its own bathroom| Subject To Contract|A negotiated sale that is not binding - contracts have not been exchanged and there is not yet a legally binding obligation on either party| Subletting|Where the tenant lets part or all of the premises to a subtenant - this can be problematic for landlords see tenancy agreements| Subpoena|A summons issued to a person directing their attendance in Court to give evidence| Succession Rights |If a tenant dies and the tenancy is a joint tenancy, the remaining joint tenant or tenants have an automatic right to stay on in the propert| Summary Assessment|When a court makes a cost order it may make a summary assessment of costs immediately after it has made the order. The court will usually make a summary assessment| Summary Judgment|A judgment obtained by a claimant where there is no defence to the case or the defence contains no valid grounds. A summary judgment can be obtained without a trial or hearing. A defendant can also obtain summary judgment if he or she can establish that the claimant has no real prospect of succeeding on the claim. You have to apply to the court for a summary judgement hearing to take place| Summary Procedure|A procedure by which the court when making an order about costs, orders payment of a sum of money instead of fixed costs or detailed assessment| Summing-up|A review of the evidence and directions as to the law by a judge immediately before a jury retires to consider its verdict| Summons|Order to appear or to produce evidence to a court| Supreme Court Of Judicature|Collective name encompassing - High Court of Justice, Crown Court and Court of Appeal| Surety|A person's undertaking to be liable for another's default or non-attendance at Court| Survey|A report on the condition of a property| Surveyor|Professionally-qualified expert who carries out a survey| Suspended Sentence|A custodial sentence which will not take effect unless there is a subsequent offence within a specified period| Tax Year|6th April one year till 5th April the following year| Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenancy At Will|The occupancy of property by a tenant for an unspecified period The tenancy can be terminated by either the landlord or tenant at any time| Tenant Default|The act of breaching the terms of the Tenancy agreement such as non paymnet of rent, damage, nuisance etc | Tenure|The type of ownership of property either freehold or leasehold| Termination|The coming or bringing to an end of a tenancy/lease, by mutual agreement see ending a tenancy in letting| Terrace Property|One of a row of houses separated only by shared dividing side walls| The Housing Health and Safety Rating System |The Housing Health and Safety Rating System (HHSRS) is the method used by local authorities to assess housing conditions| Third Party|Person who is not party to a legal case, but may be relevant because he or she owes the defendant money. In that case the defendant can issue a third party notice against such a party| Third Party Debt Order|An order issued by a Claimant, against a third party, to seize money or other assets in their keeping, but belonging to the debtor. Orders can be granted preventing a defendant from withdrawing money from their bank or building society account. The money is paid to the claimant from the account. A third party debt order can also be sent to anyone who owes the defendant money| Tin Search|A search to establish whether the property may be affected by tin mining activity may result in subsidence| Title Deed|These are the legal documents prove the ownership of the property and set out details of anything affecting the property such as rights of way and boundaries| Tort|An action in tort is a claim for damages to compensate the claimant for harm suffered. Such claims arise from cases of personal injury, breach of contract and damage to personal reputation. As well as damages, remedies include an injunction to prevent harm occurring again| Townhouse|Refers to a style of house often with 3 or more floors| Tracker Rate Mortgage|A Tracker Mortgage is a variable rate mortgage where the interest rate is linked directly to the Bank of England Base Rate| Transfer Deed|The deeds that transfer the property into your name when you purchase a property They are issued by the Land Registry| Transfer Document|The final document transferring the property from the vendor to the buyer| Transfer Of Equity|A document transferring ownership of a share or interest in a property from one person to another| Tree Preservation Order|An order made by the local authority designating a tree or group of trees as protected and requiring the local authority's permission to lop or fell them| Trial|A public hearing in which the evidence in a case, and the law which applies, are examined| Trial Contents|The contents of the trial include any written statements and documents in trial bundles| Trial Window|A period of time within which the case must be listed for trial| Tribunal|A tribunal is a body outside of the court structure. They hear disputes relating to specific areas such as immigration, employment and some tax matters and adjudicate on them. Tribunals are thought to be cheap and fast and allow expert knowledge to be applied| Trust|Property legally entrusted to a person with instructions to use it for another person (or persons benefit)| Trustee|A person who holds or administers property in a trust for another (or others)| Types Of Tenancies |Different tenancies are governed by different rules (including the service of notices and termination) | Undertaking|A promise, which can be enforced by law, made by a party (person) or their legal representative during legal proceedings| Unregistered Title|Where the property is not registered at the Land Registry and ownership much be proved by Title Deeds must date back at least 15 years| Unspecified Amount Of Money|An unspecified amount of money is one which is not precise. For example, if you are claiming damages (compensation) for loss or injury, you might not be able to work out exactly what those damages are| Unspecified Claim|A claim where the amount to be awarded is left to the Court to determine, e.g. damages to be assessed for personal injuries. Previously known as an unliquidated claim| Urban Fringe|Predominantly open land on the edge of an existing urban area| Urban Regeneration|The re-use or redevelopment of decaying or run-down parts of older urban areas to bring them new life and economic vitality| Vacant Possession|The previous occupants must vacate the property before you move in this includes any tenants| Valuation|A basic survey of a property to estimate its value for mortgage purposes Mortgage lenders will insist on this before lending| Valuation Report|The written report provided following a valuation being carried out by a valuer It is a brief report for mortgage purposes only and is not a detailed survey report| Variable Rate|A mortgage interest rate is variable and is set by each individual mortgagee| Varied Order|If a defendant has been ordered to pay an amount in full or by instalments, which they cannot afford, they can ask the court to vary the order to allow payment by instalments or by reduced instalments| Vendor|You will come across this term in legal documents; it's just another word for the seller of a property| Verdict|The finding of guilty or not guilty by a jury| Vexatious Litigant|A person who regularly brings court cases which have little chance of succeeding. The Attorney General can apply to the High Court for an order to prevent such as person form starting legal proceedings without permission.| Vice Chancellor|Senior judge and head of the Chancery Division of the High Court of Justice (although the Lord Chancellor is the nominal head)| Void Periods|Periods 'between tenants' when a rental property is generating no rental income but the landlord still has to cover overhead costs, such as mortgage repayments| Voluntary|Something is voluntary when it is entered into without compulsion, as a result of the free choice of the person(s) concerned| Walking Possession|A signed agreement by a debtor not to remove goods levied by a bailiff under the authority of a warrant of execution and to allow the bailiff access at any time to inspect the goods, in consideration of which the bailiff leaves the goods in the possession of the debtor| Warrant Of Execution|A method of enforcing a judgment, The bailiff is authorised to remove goods belonging to a defendant from their home or business for sale at public auction.| Warrant Of Possession|This gives court bailiffs the authority to take possession of a property and evict the defendant in cases, where an order for possession has been granted by a court.| Warrant Of Restitution|A remedy available following illegal re-entry of premises by persons evicted under a warrant of possession. The bailiff is authorised to evict all occupants found on the premises and re-deliver the premises to the plaintiff| Water Authority Search|A fee charged by a solicitor as part of his conveyancing work for checking the infrastructure of the local water system and sewerage| Winding Up|The voluntary or compulsory closure of a company and the subsequent realisation of assets and payment to creditors| Without Prejudice|Negotiations with a view to a settlement are usually conducted 'without prejudice', which means that the circumstances in which the content of those negotiations may be revealed to the court are very restricted.| Witness Summons|A document issued by a court which requires a person to give evidence in court or to produce a report or other documentation for the court| Written Evidence|A written statement of relevant facts which is submitted to the court.| Written Statement|A written statement of relevant facts which is submitted to the court.| Yield|The annual dividend relative to the value of the security on it is received expressed as the percentage the income per share bears relative to the share price|