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Landlord legislation

The relationship between landlord and tenant should be a straightforward one.
The paternalistic avuncular landlord and their respectful and appreciative tenant living together in harmony.

However, underlying this harmonious existence is a whole plethora of legislation. The starting point if there is a disagreement between a landlord and tenant is the primary legislation governing the letting of property with an Assured Shorthold Tenancy. The primary legislation is set out in the Housing Act 1988.

The problem with any bit of legislation especially where it has been in existence for a while is that it tends to become out of date. This is because bits of the act get replaced and superseded by other legislation passed by Parliament. For example with the Housing Act it has now been updated in parts by subsequent bits of legislation and secondary amendments contained in Stationary Instruments (SI).

For example, the maximum rent that was chargeable under the Assured Shorthold Tenancy was £25,000 under the original Housing Act 1988. This was amended in 2010 by Statutory Instrument No. 908 of 2010 and increased to £100,000. This legislation whilst being laid by parliament on the 25th March 2010 didn’t become law until the 1st of October 2010.
Any landlord going to the original Housing Act to find out their rights would be unaware of this.

Updated Housing Act 1988

Jeffrey Shaw of Nether Edge Law the legal topic expert on our new landlord legal forum is very kindly providing Property Hawk users with an updated version of the Housing Act 1988.

This Act and your tenancy agreement should always be the starting point of your relationship with your tenant. Now thanks to Property Hawk and Jeffrey you can see an up dated version.

Ask a landlord legal question

If you have got a specific legal question regarding your tenancy then don’t be shy. Sign up to our new landlord legal forum and ask away

If you need expert legal advice why not have a look at Fidler & Pepper’s new fixed price legal advice service.

Don’t forget there is always the Landlords Bible for loads of general free landlord legal information.

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