Weekly or monthly tenancy

[davidjohnbutton]

One for Paul F here as I am not quite sure of the answer.

An Oyez printed tenancy form - the rent is specified per week - the form has been designed with monthly tenancies in mind - the printed word month is crossed out and "week" written in (i.e. £85 per week)

Directly under that are the words "Payable in advance by equal monthly payments on the x day of each month"

Does this create a weekly or a monthly tenancy. It is important because the tenant concerned is in arrears and a S8 notice is considered - 4 weeks worth of the arrears would be the 4 weeks rent in advance under the "Payable in advance............" clause above. S8 notice under ground 8 requires 8 weeks or 2 months arrears. If it is a weekly tenancy, then the 4 weeks rent in advance cannot be legally demanded and therefore a S8 Ground 8 notice would be invalid.

Any offers?

[Paul_f]

An Oyez printed tenancy form - the rent is specified per week - the form has been designed with monthly tenancies in mind - the printed word month is crossed out and "week" written in (i.e. £85 per week)

Directly under that are the words "Payable in advance by equal monthly payments on the x day of each month"


I can see this could be a problem in court, but...........

It appears to have been the intention of both parties to create a weekly tenancy but neither seems to have intialled the amendment to the agreement that the amount of rent of £85 was due per week . I would therefore refer to the schedule of actual payments, so that if/when a S.8 Ground 8 Notice is served on the tenant, a schedule would normally be attached anyway. A judge would probably use a test of the "true intentions of the parties involved".

Another interpretation could be if that neither party initialled the amendment then it could be deemed to be a tenancy at £85 per month as the alteration could have in theory been effected by one party without the knowledge of the other in the existence of only one copy of the AST. Having said that only the tenant might benefit in an attempt to deny it was a weekly tenancy, if he was able to prove that the £85 was a genuine monthly rent; and this could easily be confirmed by the actual payments made! The tenant would not knowingly continue to pay about four times the (perceived weekly) rent if only £85 was due per month, now would he?

It's about the best I can do I'm afraid, and as they say, only the courts can decide!

[davidjohnbutton]

Thanks Paul - clear as mud then - lol.

Thanks for having a go.

David

[icrecruitment@yahoo.co.uk]

If the tenant decided to stand their ground and say it was thought of as £85 a month, would the landlord have the burden of taking it further.

Would they then have to pay court costs in order to gain lost revenue.
And would the legal proceeding have to be paid by the tenant - if they lost.

It seems as though there isnt a formal procedure as such, not like an eviction which has a set method.
And so court charges would apply.
How about the tenant or LL gaining legal aid for this?

[icrecruitment@yahoo.co.uk]

Slightly off the point, but......
Are these predictions as to what a judge may ask?
Are they based upon some rule of judgements ie. legal principles which judges abide to?
Or is it merely speculating as to what a judge may do in the situation?

Im interested to know how judges can avoid seeking answers that 'beg the question'? and stick to whats relevant.

[Paul_f]

If the tenant decided to stand their ground and say it was thought of as £85 a month, would the landlord have the burden of taking it further.
Probably

Would they then have to pay court costs in order to gain lost revenue. And would the legal proceeding have to be paid by the tenant - if they lost.
I don't think something like this would get that far as it could be dealt with in the small claims court, should there be a challenge.

It seems as though there isn't a formal procedure as such, not like an eviction which has a set method.
And so court charges would apply.
All court procedures are formal, but would one challenge the other if it were to say cost £2,000 in court fees? I think not!

How about the tenant or LL gaining legal aid for this?No chance!

[icrecruitment@yahoo.co.uk]

Cheers for the reply.
How do you know that is how a court would interpret it.

Im interested in the sort of legal principles that judges apply to this.