Another 1988 Act Avoidance Device

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  • jeffrey
    started a topic Another 1988 Act Avoidance Device

    Another 1988 Act Avoidance Device

    The Housing Act 1988 applies- by s.1(1)(a)- only if "the tenant or, as the case may be, each of the joint tenants is an individual..."
    So a letting to an individual (or two or three of them*) PLUS a limited company will be outside the Act. This might be useful if an individual wants to be on the Tenancy Agreement as tenant whereas the landlord would have preferred to let to a company. Just as for a company let, a company+individual let is unregulated.
    * NOTE: No tenancy or other legal interest can be held by >4 persons, as the Trustee Act 1925 provides, except for certain charity/public sector landlords' properties.

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