Introduction
The relationship between tenants and their landlords should be harmonious and mutual. This calls for respect and understanding from either side (Luba, & Forster, 2009). However, governments have introduced laws and regulations that govern the relationship between landlords and their tenants. These laws and regulations basically award certain rights to tenants, while also providing certain rights and responsibilities to the landlords. There have been cases, where many landlords violate these regulations i.e. failing to make certain repairs or charging exorbitant rental prices on their tenants (Luba, & Forster, 2009).
General Analysis of the Case
Considering the case of James, there are various issues that emerge; to begin with, James has mental challenges, meaning that he could be a disabled person. Additionally, the landlord has failed to make certain repairs even after James launched several complaints regarding; the faulty central heating system, cracked windows as well as condensation in the bathroom and in the kitchen. Out of protest, James has decided to withhold his rent for a period of two weeks. However, the landlord decided to lock his door using new locks and has served him with a termination notice. It is evident that there are various laws that have been violated in this case to begin with; the landlord has failed to perform his responsibility of ensuring that his tenant lives in a safe and secure place. On the other hand, the manner by, which he has served the tenancy termination notice, is not acceptable by law. There are various procedures that have to be followed when serving tenants with tenancy termination notice. Consequently, by law James has the right to launch complain and withhold rent in case the landlord does not respond to his request.
This paper will attempt to explore issues involved between James and his Landlord, South Bank Properties Plc through the considering five main issues as discussed herein:
How Can James be Readmitted into the House
Before making any decision, James should determine various laws that guide tenancy readmission and tenancy termination. He can seek this information from his lawyers and other relevant legal organs. However, the most appropriate option in this case is to take the landlord to the court. A decision will be made in regard to different relevant laws; the courts will determine, which laws and regulations were violated by the landlord i.e. whether the landlord violated laws that stipulate the roles of landlords in relation to provision of certain rights such as repairs to their clients; the courts will determine whether the landlord action to end James’ tenancy was performed in a legally approved manner on the other hand, the court will determine whether James violated any of the tenancy laws and if so, how it happened et cetera.
In order to win this case, James will have to prove that indeed his rights had been violated i.e. he reported the matter to the landlord through writing and no action had been taken or his tenancy was terminated in an illegal manner. On the other hand, James could get re-admitted as a tenant if he engaged the landlord in an out-of-court dispute resolution strategy. This could involve entering into a negotiation of terms with the landlord, reaching a mutual agreement. This option is appropriate in case that James is certain that his termination could have been as a result of his violation of certain terms of their tenant agreement. He could reach this decision after seeking advice from his lawyers or reviewing his actions, with an aim of determining areas of violation that he might have conducted.
Was James Tenancy Lawfully Terminated?
According to Landlord and Tenant Act of 1954, section 25, it is indicated that the landlord has the right to terminate the tenancy provided he follows the guidelines of this act (Cowan, 2011). This section stipulates that in order to terminate tenancy, a landlord has to provide a termination notice to the tenant indicating the specific date of termination or the date at, which the tenant should vacate the premises. Specifically, this notice should be provided and should not have effect before a period of six or twelve months (Cowan, 2011). That is, this section indicates that the notice should be provided six or twelve months prior to the specific date of tenancy termination.
This section also stipulates that any tenancy termination notice provided to a resident of the United Kingdom should provide detailed and clear information indicating whether the landlord will accept or reject an application made to the court in case the tenant wishes to be re-admitted. It further states that in case the Landlord does not wish to re-admit the tenant, he/she should provide information giving the appropriate reasons why he/she has rejected a readmission request (Cowan, 2011).
Taking in consideration the stipulations of this act, there are various issues that emerge; to begin with, the Landlord did not provide Mr. James with a tenancy termination notice six months or twelve months prior to the period of tenancy termination. Instead, Mr. James found his house locked with a new lock and was informed that he could pick his belongings from the Landlord’s head office. This basically means that he had been already evicted from the premises. The other issue is that the case study does not indicate anywhere that the tenancy termination notice provided by the Landlord indicated whether or not the Landlord would accept or reject a court order indicating that he should readmit Mr. James. Taking these issues into consideration, it can be concluded that Mr. James’s tenancy termination was illegal.
Tenancy termination in other parts of the United Kingdom do not just end; they are also guided by laws that require the landlord to provide tenancy termination notice to tenant several days or months prior to the actual date of vacating the premises (Cowan, 2011). For example in Scotland, under the Scotland Housing Act Section 33, there are certain legal requirements among landlords that are supposed to be followed when terminating a tenancy. Section 33 of the Scotland Act indicates that: Apart from common law, for any landlord to end any tenancy he has to provide a notice to the tenant indicating that he/she should vacate the promises; however, this notice should be provided between 28 days and 40 days prior to the actual date of tenancy termination (Cowan, 2011). The period prior to the actual date of termination usually depend on the type of tenancy i.e. 28 days for one month tenants, 31 days for tenants living for three months et cetera. Assuming James’s tenancy was guided by this law, it is quite evident that the landlord would be held accountable for the violation of this act. We all agree that he provided a notice as required by the law; however, the main challenge with his tenancy termination notice is that Mr. James was not provided with prior information before his tenancy was terminated. In this aspect, the South Bank Partners Plc action could be considered illegal under these laws.
Does James Have Security of Tenure? And what does this mean?
Security of tenure is basically the legal protection provided to tenants through certain legal parameters from illegal or inappropriate actions i.e. rent increases, illegal eviction or termination of tenancy. There are various legal tools that are applied to regulate security of tenure among tenants; in the United Kingdom, security of tenure is regulated by the Landlord and Tenant Act of 1954 (Cowan, 2011). The act provides a definition of security of tenure indicating that; it is the right of the tenant to continue utilizing or occupying a premise at the end of their agreement or contract with the landlord using the same terms until the termination date. This act provides only three requirements for protection of security of tenure: The first requirement is that there must be a tenancy i.e. agreement between a property owner and a tenant to occupy a certain premise within a specified period of time. The second requirement in accordance to this act is that the tenant must be in occupation of the premise at the period of tenant termination (Cowan, 2011).Thirdly; the tenant must have occupied the premises for purposes of business activities. However, this law also stipulates three conditions of exclusion from protection by security of tenure. One of these conditions is a fixed-term tenancy period of less than six months; tenancies at will are also excluded from protection by this act i.e. where the tenant is allowed to occupy a premise, but is not subjected to payment of rent and contracted out tenancies (Cowan, 2011).
Assuming that James and his Landlord are citizens of the United Kingdom, it is evident that he has a security of tenure. James has lived in the premises or the house for a period of more than six months. According to the Landlord and Tenant Act of 1954, a tenant may not have a security of tenure if he/she has lived or occupied a premise for a fixed term period of less than six months. James has lived in the house for about two years; this means that he is protected by this act and has a right to security of tenure. As such, James is protected from certain illegal activities i.e. eviction in a manner that violates the tenancy agreement among others.
Remedies Available for James in relation to the Disrepair
In many cases, making repairs has been regarded as one of the most contentious issues in a landlord-tenant relationship. Many landlords perceive repairs as annoying and expenses; however, in the perception of tenants, malfunctioning heating systems, broken windows, condensation in the kitchen and other parts of the house are sources of frustration (Luba, & Forster, 2009). Many legal parameters stipulate that landlords have the legal obligation to make repairs within their premises to enhance safety and the well-being of their tenants. In some cases, landlords may also be held accountable for certain injuries, especially when the injuries occur as a result of damages within their premises. It is important to acknowledge that the legal obligation for landlords to perform certain aspects of repair and maintenance in their premises is guided by rules and regulations that differ among states and nations (Luba, & Forster, 2009).
Section 11 of the Landlord and Tenant Act 1985 stipulates three major roles that should be played by Landlords in the United Kingdom in regard to repair and maintenance. One of these roles is to perform a regulation inspection of the premises occupied by the tenants: This inspection should be performed with an intention of informing the tenants of plans in relation to repairs and maintenance. The inspection is also meant to check any damage i.e. leaky taps, cracked windows and tiles, problems with the roof or gutters. The other main role that should be played by landlords according to section 11 of the Landlord and Tenant Act of 1985 as amended by the Housing Act of 1988, section 116 is that Landlords should provide safety to their tenants. This safety should be achieved through performing regular inspection to ensure that the premises occupied by the tenants are in conditions that comply with applicable safety and health standards. The third responsibility played by Landlords is keeping records; this would basically involve keeping records of the premises i.e. the current conditions, any challenges and repair records.
Secondly, James may decide to apply the concept of “repair and deduct”; this concept is supported by various laws and this will depend on James’ area of residence and the applicable laws available. This is a strategy that is usually recommended to be used among tenants as a means of forcing the landlord to make certain repairs (Luba & Forster, 2009). James can apply this strategy by hiring an external expert to make the repairs and deduct the costs associated with the repairs from the total amount of rental price. However, he should apply this strategy with a lot of care considering the fact that withholding rent is considered an offense in certain states. According to article 2.3.4 of section 11 of the Landlord and Tenant Act of 1985, before making the repairs, James should ensure that he provides an advance notice to the landlord indicating that he intends to make certain repairs in the house and will deduct the costs (Luba & Forster, 2009).
The third option that may be implemented by James is vacating the premises in case he feels that he cannot live under the current circumstances. However this should be implemented through the appropriate legal laws i.e. providing a notice of termination of his tenancy to the landlord following the applicable guidelines. This will give him the opportunity to seek for a new house or may enhance the understanding of the landlord in regard to the magnitude of the challenge tenants are experiencing, hence compelling him to make the necessary corrections. There are various legal guidelines on how one should make a notice concerning the termination of his/her occupancy. These laws and regulations vary from one state to another; they usually indicate that such notices should be provided in advance or several days prior to the date of termination of one’s tenancy. Consequently, James may decide to take full responsibility of the damages and make appropriate repairs. However, before engaging in making the repairs, he should ensure that he provides adequate and prior notice to the Landlord so as to ensure that there is no conflict. In as much as this may be among the best solutions for him, care should be taken because making the repairs may entail that he incurs certain expenses that may affect his financial position.
Duties owed under Homelessness Legislation
A decent home is a fundamental requirement to any person’s well-being (Astin, 2012). Homelessness is a challenge that does not only affect the developing and less developed nations but has also affected certain people in the developed nations. Many people in developed nations also live in house of sub-standard qualities i.e. run-down houses or even in overcrowded regions. Houses in poor conditions have been associated with insecurity, poor health and unsafe conditions (Madge & Sephton, 2012). Legally speaking, a person who does not have the right to occupy or access accommodation is considered homeless. Being homeless from a legal perspective may also mean that one is not able to live in a suitable housing condition (Madge & Sephton, 2012). It is important to acknowledge that the essence of being homeless may also cover circumstances such as: Having no house or accommodation completely; being in possession of legal right to own or access accommodation, however, one fails to access i.e. when a person is evicted from their houses.
Consequently, being homeless may mean that one has access accommodation or housing services, but they do not have the legal rights to it for instance: Living as a squatter or living temporarily with relatives and/friends. Dealing with homelessness has not only been a problem to local governments, but also the international community (Madge & Sephton, 2012). This has prompted the formulation of certain rules and regulations geared towards managing issues ascribed to homelessness. These regulations stipulate certain duties and responsibilities that have to be implemented by local authorities to handle issues of homelessness. However, the application of homelessness legislation tend to vary from one nation to another i.e. the manner by, which homelessness issues are handled in the United Kingdom varies from the manner homelessness legislation are implemented in the United States.
In the United Kingdom, the Homelessness Act of 2000 defines and stipulates certain criteria that have to be met for a person to be considered homeless or eligible to receive support from local authorities mandated to handle homelessness issues (Arden & Dymond, 2012). This act acknowledges the fact that not everyone without a home may be considered homeless as such considers: People in priority need such as: A household with a person at old age, people with mental challenges, a household headed by an 18 year old up to 21 years. The act also authorizes local authorities to offer assistance to persons, who have been legally categorized as homeless i.e. people who have nowhere to access accommodation in the world and those that are unintentionally homeless (Arden & Dymond, 2012).
Taking in consideration the case of James and aligning it to the eligibility criteria set by the UK Homelessness Act of 2000, local authorities may have the legal duty to provide him with necessary assistance considering the fact that it is indicated that he has mental problems (Arden & Dymond, 2012). This qualifies him to have assistance from local authorities. The local authorities have the duty of providing temporary accommodation to James, assuming that he was a resident of the United Kingdom on the basis that he has been evicted from his house and he has mental challenges. In case James is a residence of the United States, his eligibility criteria as being homeless would have been determined by the Department of Health and Human Services. This would involve providing him with short-term accommodation services, food and other basic social services (Price, 2012).
Conclusion
The most evident issue from James case is that there are various laws and regulations that govern his relationship with the landlord. These laws vary from one region to another meaning that the manner by, which James’ case would be handled if he was in the United States would differ compared to the manner he would be treated if he was a residence of the United Kingdom, France, Russia or Spain. An analysis of James’ case indicates that there are certain laws that might find him guilty considering the fact that he withheld rent for a period of two weeks; this means that he was late with a two-week rent. Certain also require that tenants provide their landlords with written notice regarding repair issues that might arise in their houses or premises. This is not evident in James’ case; it is indicated that he launched several complaints, though not through writing: As such he may be found guilty. Moreover, the landlord also appears to have violated certain laws guiding tenant-landlord relationship for instance: Section 11 of the Landlord and Tenant act, which requires landlords to provide prior notice informing the tenant that the due date for making rental payments has passed. This was not implemented in the case between James and South Banks Properties Plc. Apart from settling this issue in the court, James and the Landlord may decide to settle this issue outside court through negotiation i.e. agreeing to make the rental payment, while the landlord takes the responsibility of making the necessary repairs.
List of References:
Arden, A., & Dymond, A. 2012. Manual of housing law (9th ed.). London: Sweet & Maxwell.
Astin, D. 2012. Housing law: An adviser's handbook (2nd ed.). London: Legal Action Group
Cowan, D. 2011. Housing law and policy. Cambridge, UK: Cambridge University Press
Luba, J., & Forster, D. 2009. Repairs: Tenants' rights. (4th ed.). London: Legal Action Group.
Madge, N., & Sephton, C. 2012. Housing law casebook (5th ed.). London: Legal Action Group.
Price, G. 2013. Housing law and practice 2013. London: College of Law
