Paper Example on UK Housing Law: Assured Shorthold Tenancy & Effects

Introduction

By considering housing effects, specific components must be regarded as to support better decision making. To begin with, most parts of the housing assessment Act of UK are both from provincial and federal legislation. These components are incorporated to make sure those tenants and homeowners respect the housing law. At the center of housing assessment, the law on housing; the law states that if an individual is renting privately in the UK and have an assured shorthold tenancy agreement (AST), and have a Short Assured Tenancy, there is an evidence of a contract between the tenant and landlord setting out the rights and obligations of both sides.

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In case of the bridge of the contract, there are vital punishments and penalties as stipulated by the law of the land. However, the kind of tenancy agreement that an individual has with the landlord will significantly influence one's legal rights.

There are various types of the tenancy agreement, and the client was given assigned a contract. From the nature of the tenancy agreement that the client has is one of the deals that was entered in 1995 and visible is a shorthold tenancy and assured tenancy since she moved into her home between 1989 and 1997 - and being that the client is an assured tent. She is obliged to many rights. The client's tenancy rolls on a week-to-week basis, and this makes the client's agreement be a periodic tenancy. The tenancy is supposed to continue unless either the landlord or the tenant decides to end based on the legal term by serving the tenant with a valid and timely notice to quit. Before the eviction, the landlord has to provide notice on a particular form and get a passion from the court order. And the client can only be evicted once the landlord can approve a legal reason to the court of law.in case of Samira; the landlord has not yet proven to the court any reasons why she should be evicted. And the landlord has no rights to harass the occupants at this moment.

Nonetheless, the clearly states that the landlord is solely responsible for most repairs in the house such as the roof, guttering, wall and any other part of the building that may require repairs. The landlord has to also fix by a problem associated with the other service providers such as gas, electricity, water, and sanitation. And once that tenant has informed the tenant of the required repairs to be made the landlord is obliged to fixing it. A landlord should provide a habitable rental property for tenants that are free from any environmental risk like toxic mold. A landlord must remove the mold from a rental property and have to bear the initial cost of the removal, especially if the mold was a result of something related to maintenance or lack of it and restore the house to a livable state. However, in case the most have been due to the tenant's fault the landlord has to document everything and transfer the removal cost to the tenants. Samara claims that the mold in the house is due to the negligence of the landlord and has tried to reach him to repair the home and remove the molds but in vain. as a result, the client decided to stop paying the rent as a way to solicit the land to take his responsibility seriously. The rights of the tenants are protected by the Tenant Fees Act 2019 (Commencement No. 3) Regulations 2019, which ensures that the tenants live in a safe house.

The assured tenant may also decide to pass the tenancy to anyone as a way of succession. Samira's had every right to stay at their home even in the absence of Samira. And again, even if Samira had chosen to go and live with her parents; she cannot lose her status as an assured tenant since her son was still in the house in her absentia and the tenancy agreement could not be terminated. Furthermore, her belongings were still in the house at the time. Either the landlord or the tenant can file a case, for example, in New York a case of landlord versus tenant case No#30012 the landlord sued to evict cooperative shareholder tenant for nonpayment of rent. The court ruled for landlord based on the tenant's default but later reopened the case attendant's request. The court also denied tenant's request to dismiss a portion of the rent arrears claims as stale, finding that claim premature. Tenant also claimed breach of the warranty of habitability and laches but presented no proof. The court ruled landlord Cooperative Corporation and found that tenant owed $115,300 in maintenance due from May 2009 through August 2017. Samira as a homeless person does meet the required has fulfilled the obligations due to the fact she is ailing and use breather whenever she is having a problem with breathing; and therefore, she cannot stay in the cold.

Homelessness is one of the global challenges. The statistic figure of homeless homeless people may not even be precisely approximated since the definitions of Homelessness is dynamic and differ depending on every country, and thus influencing such nations. The numbers of people who can be categorized as homeless depend on various factors such as economic issues, rapid urbanization, urban-rural migration, level of unemployment, poverty, and lesser secured accommodation. However, some groups are relatively more vulnerable to Homelessness than others. According to some researchers, they believe that women are relatively more susceptible to Homelessness and this has dramatically affected their health and are more exposed to harm and vices like drug abuse. Moreover, homeless females are at significant risk of getting raped and contracting several ailments. Due exposure of women to such inconsiderable risks, most of them end up with psychiatric disorders. Homelessness and mental problems are both significantly impacted on by cultural elements and stigma linked to it.

Definitions

Different composition of Homelessness has been determined including the accessibility of shelter and the quality settlement, such as living in tiny housing, dozing on the streets, bed, and sit. Another factor that has been identified in the literature is the duration attributing to Homelessness. Such definitions also encompass the inadequacy of shelters; uncertain tenure. It is evident that an absence of security of tenure and substantial quality of an individual's housing setting also contribute to health conditions of homeless people; and thus resulting in a circle of illness and Homelessness. The nature of Homelessness constantly alters depending on changing social factors around the world.

In the United Kingdom, for example, initial laws linked to vagrant were enacted in 1349 to and 1388.during this time, buildings occupied by monks and religious houses and provided shelter to the various individuals that were in need of food and shelter. Elimination of monasteries and the alteration in Henry VIII era resulted in meandering homeless people in the 16th C, and again houses of rectification were developed to handle cases of vagrancy. Nonetheless, they failed since they provided no intervention for vagrants that had health problems. Definitions altered in the Victorian era and the 20th C when vagrant people were evolved into traveling or wandering laborers.

Psychiatric Morbidity: according to several types of research have indicated that significant rates of alcoholism, schizophrenia, abuse of substance, stress and other mental problems especially in vulnerable groups like women, children, ethnic minority, elderly, LGBT, widowed or divorced people. Moreover, Homelessness has also contributed to a high rate of criminality due to substance abuse and alcohol.

Our prays include the following:

• Sufficient accommodation facilities are obtainable for individuals who are in need especially women with health problem like Samira.
• Council has to include the availing of a range of living quarters and supported accommodation. The staff in the council requires practical education to assist determine symptoms of health issues and be sensible of the potential root causes of Homelessness.
• For homeless people that have been engaged in criminal activities where appropriate, attention needs to be given in regards to diversion from care. It is crucial that such vulnerable people have ready availed accommodation and primary care and therapy.
• Policymakers have to emphasize on strategies to reduce poverty in regards to availing jobs and shelters; flexible educational provisions and targeted programs dealing with domestic violence and programs in conjunction with the shelters and other agencies.
• Council needs to emphasize on efficient accessibility and availability of a range of group, family and individual work such as parenting skills; controlling substance use; initiating early intervention projects concerning issues that may lead to Homelessness such as the landlord negligence. For instance, in the case Samira, where the landlord assumes his responsibility to repair the building causing the occupant to seek for accommodation elsewhere due to the health risk that she is exposed to.
• Besides primary care services have been reachable and non-stigmatizing offering coherent care between mental health care and social care.
• Researchers need to emphasize on assessing services with precise results and economic achievement.

The Council to consider Samira's request and grant her the requested one bedroom accommodation since her previous home is damp and she is still are staying with the parents; it is overcrowded and asking for more extension to continue staying at the same place needs not to be an option.

(Word count,1568)

RESEARCH NARRATIVE

(First three sources)

A cover story in the Guardian dated May 2018 attracted my attention. John Perry "The hostile environment: what social landlords require to know" definitely too me alongside the public with some of its facts. First, most researchers have identified that the homelessness is significantly attributed by the hostility and negligence of most landlords and the housing lending agencies. Most of the landlord has basically created an unfavorable environment for tenants and making a living a problem due to the constant challenges imposed on the tenants by the landlords and the house lending agents. For instance, some landlords constantly harass the tenants and do not take theirs responsibly of repairing the premises dangerous and may at a time increase the rent and billing on the tenants thus making it very hard for some of the individuals especially the vulnerable groups such as the widowed or divorced individuals to survive.

Second, the articles show how the tenants are protected against any form of discrimination. It further states that you cannot ask an individual for proof of identity or entitlement to reside in the UK based on their look, race, their name or the language. The regulations set by the landlords have to treat everybody equally under the same tenancy agreement. It is evident and is in the public domain that The Right to rent scheme has significantly facilitated the rise in isolation and discrimination by landlords, as shown by the Joint Council for the Welfare of Immigrants and the Residential Landlords Association. The report further encourages the tenants or individuals who may feel that they are discriminated against to report their experiences and be protected. Third, be aware of the hindrances that individuals tend to face and experience just to prove their existence in the UK. For instance, The Windrush victims were required to attain and arrange their documents in order, but the whole process seemed too expensive on the individuals (attaining citizenship demanded fees of more than PS2,000 per person), and for the elderly who have resided in the UK almost all their lives...