Records in this category
- Squatter's Rights - Someone has occupied my property for some time without my permission. Can they claim good title through Squatter's Rights (adverse possession) ?
- Alternative Dispute Resolution (ADR) - What is Alternative Dispute Resolution ?
- Covenant and Covenant Strength - What is a legal covenant and what is the significance of the terms in relation to rental property and lettings ?
- Unihabitable Premises. My tenanted property is flooded. What are my legal obligations in this situation? Am I oblidged to re-house my tenant? Must my tenant continue to pay rent?
- Re-selling Electicity & Gas. My landlord is re-selling me electricity through his own meter and I suspect he may be overcharging me for it. What can I do?
- Contract Law - What are the basics of contract law concerning landlord / tenant agreements?
- Tenant Blacklists - I've had a really bad experience with my tenant who has left me owing a lot of money in rent arrears. My solicitor says it will cost a lot of money to trace the tenant and take him to court, so it's probably not worth taking it further. How can I get him blacklisted to protect others?
- What is the correct procedure when setting up a lease/tenancy agreement, who signs what and do I need a witness ?
- What points should I look out for if I am considering asking my tenant for a guarantor?
- Re-selling Energy - As a landlord am I able to make a profit by re-selling electricity or gas?
Squatter's Rights - Someone has occupied my property for some time without my permission. Can they claim good title through Squatter's Rights (adverse possession) ?
This all depends on if they meet the legal tests: the length of time they have been there, if they occupied to the exclusion of all others and without the owner's consent.
Unauthorised and exclusive occupiers for 12 years before 13 October 2006 can claim good title if the land is unregistered.
Since this date the Land Registration Act 2002 applies. Now, unregistered land is the same as pre 13 Oct 2006, but registered land titles can be claimed after only 10 years. However, a claim by unauthorised occupiers does not automatically give good title.
A claim will result in the Land Registry notifying the owner, who has 65 business days to object and 2 years to regain possession through court eviction proceedings. Failing action by the owner, the occupier will be able to claim good title.
Note: never rely totally on these standard answers. Before taking action or not, always seek professional advice with the full facts of the case and all documents to hand. LandlordZONE.co.uk
- Joint & Several Liability - I have signed a tenancy agreement for my student house (sharing with 4 others) and the agreement contains the term "Joint and Several Liability" What does this mean?
- Leaving Early - I signed a new tenancy agreement last month and now I find I need to leave. My landlord says I owe him all of the rent - is he correct? I intend to drop the keys through the letter box and walk away.
- Foreiting of Lease by peacable re-entry. My commercial tenant lives above the shop and has not paid his rent. Can I forfeit the lease?
- Re-development Ground - Section 25 Notice. My landlord has served notice citing the re-development ground as the reason for ending my commercial tenancy, what should I do?
- Tenancy Deposit Scheme (TDS) I believe the TDS scheme commenced on 6th April 2007. How does it work and how will it affect existing tenancies?
119294/91%Last update: 2008-10-12 17:56
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