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Condition of sale. A legal term of the contract governing the purchase. Conservation area. if the property to be bought lies in a conservation area protected by a local authority, it may be subject to exterior planning restrictions to preserve the look of the area.
TermMeaningAbstract of TitleA schedule listing the documents which ...Acting for both sidesThe same firm is used by the seller and ...Adopted HighwayA road maintained by the local authority.Adult OccupierSee Occupier’s consentThe completion date, put simply, is moving day. It’s the date on which the seller must vacate the property and the buyer will get the keys and can move in. Fundamentally, on completion, the buyer must, through their lawyer, hand over all the remaining money required to purchase the property.
The legal terminology used when buying or selling a property can often be confusing, especially if you are not familiar with it. To help guide you through the process we’ve defined some of the most common terms used in property law.
- Ministerial Foreword
- Introduction and Context
- Tenants: Rights, Responsibilities and Advice
- Landlords: Rights, Responsibilities and Advice
- Park Home Sites and Property Guardians
This consolidated guidance is for landlords and tenants in the private rented sector (PRS). The government is committed to making sure everyone who rents can have a safe, secure, warm and dry place they call home. This guide is just one way in which we have boosted support for landlords, tenants and local authorities to set and maintain high standa...
How to use this guide
This document has been produced to help both landlords and tenants. It sets out the roles and responsibilities of both parties when letting or renting a property in the private rented sector (PRS). The guidance is comprised of 3 sections. The first is intended to help tenants understand more about their rights and obligations when renting from a private sector landlord. The second provides landlords with information on how to maintain high standards and create positive relationships with tena...
What this guidance is for
While the PRS has doubled in size since 2002, recent figures show that the share of all households renting privately has hovered around 19% to 20% since 2013-14. In 2017-18, the PRS accounted for 4.5 million, or 19%, of UK households. By way of comparison, the proportion of households in the social rented sector has not changed for over a decade. To maintain standards in the private rented sector, it’s important that both landlords and tenants understand and fulfil their respective rights and...
Section 1: Tenants
This section is for people who are either existing tenants or are about to rent a house or flat on an assured shorthold tenancy. Most of the guidance will apply equally if you are in a shared property, but in some cases your rights and responsibilities will be different. The guide does not cover lodgers (people who live with their landlord). It also doesn’t cover tenants of a property that is not their main residence. Although property guardians and those living on a park home site do not for...
The guidance for tenants in this section sets out: 1. what to consider when finding a new home in the private rented sector 2. your responsibilities as a tenant 3. your rights as a tenant 4. what you can do if things go wrong during your tenancy 5. useful contacts You should also refer to the How to let guide and the How to rent checklist.
Summary
The vast majority of landlords in England provide decent, well-maintained homes for their tenants, and are good landlords committed to acting in their tenants’ best interests. One of our main aims in producing this guidance is to foster and encourage these good practices, and to empower landlords to maintain the high standards that most already uphold. However, a small minority of landlords rent out unsafe and substandard accommodation to their tenants. An even smaller proportion do so knowin...
Licensing obligations
As a landlord, you may need to obtain a licence to let your property under one of 3 types of licensing: 1. mandatory House in Multiple Occupation (HMO) licensing 2. additional HMO licensing 3. selective licensing If your property falls under any of these 3 types of licensing arrangement, you are legally required obtain the relevant licence. Failure to license a property is a criminal offence. Further information on each type of licensing is provided below. For comprehensive information on lic...
Getting your property ready
Before you can rent out your home, it’s your responsibility to ensure that the property is safe and fit for human habitation. If a property is unsafe or unfit you could be committing a civil or criminal offence, and may be subject to enforcement action by your local authority. To help you understand the requirements under the Housing Act 2004, it’s important that you read the Housing health and safety rating system (HHSRS): guidance for landlords and property-related professionals, which is a...
Park homes
Park homes are not part of the private rented sector. Privately-owned parks where home sites are occupied wholly – or in part – for permanent residential use are subject to different rules of enforcement from standalone households and HMOs. The Mobile Homes Act 2013 introduced changes to the procedures and penalties for enforcement of site licence conditions on residential parks. These procedures and penalties have been put in place to address the minority of park owners who do not run their...
Property guardians
A property guardian is someone who has entered into an agreement to live in a building or part of a building that would normally be otherwise empty for the purpose of securing and safeguarding the property. This can often be a building which was not intended to be used as a residence. Many guardians will not hold a tenancy agreement, and instead will hold a licence. If you are a property guardian or considering entering into a guardianship, it is important that you know the difference, and wh...
Jan 3, 2020 · A Q&A covering the essential considerations surrounding real estate in United Kingdom (England & Wales), including the legal framework, acquisitions and leases, finances and more.
Dec 21, 2023 · Real estate in England and Wales is underpinned by two main pieces of legislation: the Law of Property Act 1925; and the Land Registration Act 2002. The 1925 Act introduced major reforms to pre-existing real estate law in order to consolidate and modernise it.
People also ask
What happens if a property moves?
What is a property transfer?
What is a property title transfer?
How did the 1925 Act change real estate law?
Does a transfer of property have to be registered?
What does selling a property mean?
Dec 15, 2021 · Herein, I define some common legal terms and provide examples of the use of those legal terms that are commonly used in real estate law. This should help one to better understand the verbiage that is being used in real estate transactions and litigation that you may become involved with.
