Glossary

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