Glossary
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
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 42
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.
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
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