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Guarantor Agreement

Guarantor (Surety) Agreement
Landlords should ask for a guarantor if there are any doubts about the tenant’s ability to fulfill his or her tenancy obligations but where the landlord still wants to take him/her on as a tenant. This is usually where the tenant does not meet one or more of the following requirements:
1 Has not [...]

Letting Agent’s Renewal Fees

Rookie Landlords are often caught out by a short clause in their Letting Agent’s terms and conditions. It will look something like this:
“A fee of x % plus VAT will be charged for a tenancy renewal/extension for a second year or further period”
The fee is normally between 60% and 100% of that charged for the [...]

Uninhabitable Premises

This being a topical issue at the moment, our hearts go out to all the residents and landlords caught up in the dreadful floods affecting many parts of the UK at this time.
How to deal with tenants in a flooded property is a nightmare situation. This article kindly supplied by leading specialist property solicitors, Pain [...]

Understanding Business Tenancies – PainSmith Solicitors Legal Advisor

PainSmith Solicitors Legal Advisor 22 June 2007
Many agents and landlords fail to understand the key differences between a commercial or business tenancy and a residential tenancy. This matter is becoming increasingly important as individuals work-life balance changes and more flexible working practices are adopted. Frustratingly, the law has failed to keep pace [...]

WHEN IS TIME OF THE ESSENCE IN A RENT REVIEW?

The vexed question as to when time is of the essence in a rent review clause is certainly live and well and still troubling lawyers and the courts. It remains a difficult question but one of central importance when advising both landlords and tenants.
Much can turn on whether the tenant is deemed to have [...]

Landlord’s Continuing Liabilities on Assigned Leases

HISTORIC VICTORY FOR LANDLORDS IN HOUSE OF LORDS
Introduction On 1 December 2005 the House of Lords reversed the decision of the Court of Appeal in London Diocesan Fund v Avonridge Property Company Limited. (Full report at [2005] 1 WLR 3956.) As a result of the House of Lords ruling it is now clear that [...]

Renting Homes: The Final Report

Since 2001 the Law Commission has been working on a project to simplify housing law. This project, which is being led by Professor Martin Partington CBE, should eventually result in new legislation being brought in on housing tenure which will effectively sweep away more than 100 years of previous housing laws.
Eventually is perhaps the [...]

Sitting Tenants’ Rights

MENTION SITTING TENANTS AND MOST LANDLORDS would reel in horror!
A friend of mine recently asked me how they should be dealt with. His friend had purchased a property and not realised the consequences of his actions. His solicitor must have been inept. He had bought the property with the promise that it could be vacated, [...]