Glossary
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
Section 21 Notice. This will help you to verify the
'Written Evidence' which the courts require and qualify your
entitlement to use this process, otherwise your application will be dismissed.