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Savings Restrictions
The first £6,000 of any investments or savings will not be taken into account when calculating entitlements to Housing Benefit.
Any savings of investments or savings in excess of £16,000 will prohibit the receipt of Housing Benefit or Council Tax Benefit.
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Secure Tenancy – Housing Act 1985
Tenancies which are granted to an individual by a public body. The property must be the individual’s principle or only home as defined in Section 79(1) Housing Act 1985.
Section 80 Housing Act 1985 details the type of landlords classed as secure:
A development corporation
A housing rent trust
A local authority
An urban development corporation
Features of a Secure Tenancy
There are no restrictions on what rent can be charged
A Section 8 Notice of Seeking Possession must be served by the landlord prior to any application to Court for possession.
Possession proceedings must be issued within 12 months of the Section 8 Notice being served.
For possession to be gained one or more of the statutory grounds of possession set out in schedule 2: Housing Act 1985 must be met. These grounds are discretionary grounds.
The tenant can surrender the tenancy by mutual agreement or by serving a Notice to Quit on the landlord. This will have the effect of terminating the tenancy.
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Standard Possession Procedure Claims
Claim Form N5 and Particulars of claim on a Form N119
- are to be used by a landlord who is claiming possession based on the grounds within the Rent Act 1977 for Rent Act Tenants, Housing Act 1985 for Secure tenants and the Housing Act 1988 for Assured and Assured shorthold tenants as amended by the Housing Act 1996.
- Copies of the Claim Form, Particulars of Claim and any supporting documents will be sent by the Court to the tenant. A response pack including an Acknowledgement of Service Form and a Defence form will also be sent.
- If any of the grounds for possession are disputed by the tenant, they are required to complete the Defence form and file it with the Court within 14 days. If sufficient time is not available for the tenant to file a defence an Acknowledgement of Service form should be sent back to the Court which will allow an extra 14 days for a defence to be filed.
Acknowledgement of Service.
- For more time to file a defence a tenant may file an acknowledgement of service. The general period for filing this acknowledgement where the tenant is served with a claim form is 14 days after service of the particulars of claim; and in any other case, 14 days after service of the claim form.
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Statutory Tenancy
A Statutory Tenancy begins if a protected tenant remains in the property at the end of contractual term following a valid notice to quit or a notice of rent increase. The same terms and conditions will apply.
The landlord can only apply for possession once the tenancy becomes statutory. Schedule 15 of the Rent Act 1977 contains the grounds on which a possession can be sought.
The grounds can either be Mandatory or Discretionary.
Mandatory Grounds
If the landlord can prove a breach in the terms of the tenancy than a court must order that the tenant gives up possession.
Discretionary Grounds
Discretion can be used by the court in regard to the facts to determine if a possession order is made or not.
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Subsequent to the Hearing.
The tenant will receive a copy of the possession order subsequent to the hearing.
This will detail what order the judge has made, the date that the tenant is required to leave the property, details of any money orders made and if there are any further costs.
If the tenant does not leave the property on the laid down date then the landlord must apply for a warrant of eviction to lawfully evict the tenant. The landlord cannot remove the tenant without this warrant.
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