Rural Estates Newsletter February 2023 - Flipbook - Page 15
Where landlords have missed deadlines, contract-holders are entitled to statutory
compensation which they can set off against rent. The Act also provides a mechanism for
the contract-holder to apply to court for a declaration of the terms of the contract if no
statement, or an incorrect or an incomplete statement, is served.
For these reasons, ask sufficient additional questions so that you can determine whether
written statements have been properly served within the relevant deadlines and what risk
there is of disputes about the agreed terms of each contract.
Has the seller received any applications for consent?
“
A new statutory procedure has been created to deal with applications where landlord’s
consent is required under the terms of the occupation contract, imposing a one month
deadline (extended by up to two weeks if additional information is requested from the
contract-holder) for landlords to consider applications and, if requested to do so, provide
a written statement setting out why consent was withheld or conditions imposed.
If these deadlines are missed, unconditional consent will be deemed to have been
given. Contract-holders can also apply to court to challenge a refusal or the imposition
of any conditions, and the Act sets out the criteria for a court to take into account when
determining if a landlord has acted reasonably.
... a buyer should flush out information on all of the
residential occupations on the property.”
Get information on other occupiers at each property
The Act makes it easier for new parties to be added or removed as a party to a contract.
Contract-holders are able to apply for landlord’s consent to add a new contract-holder to
a contract (any application to be dealt with in line with deadlines referred to above) and
in the case of periodic contracts, a joint contract-holder may give notice to unilaterally
withdraw from a contract leaving the remaining contract-holder(s) in occupation.
Succession rights have also been introduced, where, on the death of a sole contractholder family members (or in some cases carers) who occupy the dwelling as their
principal home at the time of death, can qualify to succeed to the contract.
On account of this, a buyer should obtain information about all of the occupiers at each
dwelling in order to consider whether these rights are likely to apply in the future..
Do the properties comply with new Fitness for Human
Habitation requirements?
The regulations requiring landlords to ensure that properties are fit for human habitation
have also been extended and updated. There are now 29 standards which must be met
both at the start of the occupation and at all times throughout it, meaning that ongoing
inspections are important. In relation to converted contracts only, there is one exception
to this: landlords have a grace period of until 30 November 2023 to ensure compliance
with the smoke alarms and electrical safety certificate requirements.
Rural Estates Newsletter
February 2023
15