LandlordZONE

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Aug, 2014

Saturday

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  1. The unpaid rent effectively belongs to the...

    The unpaid rent effectively belongs to the insurance company who can accordingly can claim it. Insurance is a contract for indemnity, not a wager. If a claimant ends up over overcompensated the...
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    You have advance warning that these are agents...

    You have advance warning that these are agents you do not want to deal with.

    The missed appointment fee is excessive. Insist on it coming out.

    The excuse for not producing the final agreement...
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    What obligations does the tenancy agreement...

    What obligations does the tenancy agreement impose upon the tenant with regard to what the inventory records?
  4. The OP says: "We are a Lettings Company starting...

    The OP says: "We are a Lettings Company starting out we feel this gives us a certain amount of security." If the OP is concerned about a possible claim, it is more likely to arise if the landlord...
  5. The view the law takes is that an agreement to...

    The view the law takes is that an agreement to find a tenant and/or manage a tenancy should be that and no more. If it is to be more the client must have a very clear understanding of the position...
  6. That is all very well, but there is a danger in...

    That is all very well, but there is a danger in going too far. There are two possibilities here:

    1. A form of guarantee which has all the landlord wants but is liable to be found unenforceable.
    ...
  7. A few observations of a non-legal nature: ...

    A few observations of a non-legal nature:

    Starting point: A landlord has no obligation to let and can set what terms he likes which the tenant is free to accept or reject.

    Go back not too many...
  8. Not a sound argument I am afraid. Whether a...

    Not a sound argument I am afraid. Whether a tenant has vacated is a question of fact which does not depend on what happens to keys. If the tenant hands over the keys and stays on he has not vacated....
  9. The L&T Act 1954 applies by default. For it to be...

    The L&T Act 1954 applies by default. For it to be excluded certain words have to be included in the lease and a set procedure followed. If there is nothing in the lease to indicate that the...
  10. Thread: Lost Deeds

    by Lawcruncher
    Replies
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    The LR says: You will need to give an account...

    The LR says:

    You will need to give an account of the events that have resulted in the loss or destruction, which we will consider on its individual merit. However, we will probably grant only a...
  11. Assuming the tenancy is one continuing under Part...

    Assuming the tenancy is one continuing under Part ll of the Landlord and Tenant Act 1954, a tenant must give at least three months' notice. A landlord wishing to bring the tenancy to an end must...
  12. Three months.

    Three months.
  13. A) if I let this lease run to the end date will...

    A) if I let this lease run to the end date will it automatically renew?

    No, but see reply to C.

    B) Should I be opening up talks with the tenant or should the tenant be contacting me?

    At this...
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    It is important to remember that holding a...

    It is important to remember that holding a deposit is in a bit of a category of its own because you are holding the tenant's money. Declining to repay a deposit is not the same as, for example,...
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    The deposit is the tenant's money subject only to...

    The deposit is the tenant's money subject only to your right to make a claim on it. There is nothing to stop you waiving your rights if you want to. If you tell the agent to refund the deposit he...
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    Who holds the deposit?

    Who holds the deposit?
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    The agent is right that the deposit does not need...

    The agent is right that the deposit does not need protecting, but not that that means you can take what you like from it. Any deductions have to be justifiable or agreed. The deposit is the HA's...
  18. To avoid too many permutations, the following...

    To avoid too many permutations, the following does not take account of cases where a written agreement records an oral agreement already made and assumes it has been agreed that there will be no...
  19. There have been a few threads along the same...

    There have been a few threads along the same lines recently. A search for "loft" or "attic" should bring them up.

    The first thing is of course to establish if the lease of the top floor flat...
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    The deed would just need to add it in like this:...

    The deed would just need to add it in like this:

    Clause 4:

    In consideration of the sum of x pounds paid by the Tenant to the Landlord (the receipt of which the Landlord acknowledges) the...
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    There are two ways of effecting a surrender: ...

    There are two ways of effecting a surrender:

    1. Clear and certain

    2. Unclear and uncertain

    The clear and certain way is to use a deed. The following deed is suitable, but only if there are...
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    Does your lease say the landlord is responsible...

    Does your lease say the landlord is responsible for insurance?
  23. It is probably not possible to get the neighbour...

    It is probably not possible to get the neighbour to repair the fence. See this thread: http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=6&t=1727
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    Agreed, but a poor choice of wording. The...

    Agreed, but a poor choice of wording.



    The draftsman has got this round his neck. As worded it is a payment to be made to the landlord (which would (surely?) not be subject to VAT) but the...
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    Sticky: I think the way to look at it is not so much as...

    I think the way to look at it is not so much as competing rights, but rather how the respective obligations of landlord and tenant interact. The covenant for quiet enjoyment takes effect subject to...
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