LandlordZONE

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Apr, 2015

Sunday

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    Is the garage used for non-business use? Is...

    Is the garage used for non-business use?

    Is the tenancy periodic?

    How frequently is the rent paid?
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    1. Opinions differ. Some believe it is sensible...

    1. Opinions differ. Some believe it is sensible for a landlord to have a key. If a landlord does retain a key he is under no obligation to inform the tenant.

    2. If the property has two parking...
  3. One can have a problem working out what faulty...

    One can have a problem working out what faulty drafting means. In this case do we look at the whole paragraph and extract meaning from it or take it step by step and say that one part is inconsitent...
  4. That is not necessary. If you have easements...

    That is not necessary. If you have easements granted by a lease they are "legal" rights which are good aganst the world including someone who has no notice of them. The fact that your lease is...
  5. The way I see it is this: A landlord has...

    The way I see it is this:

    A landlord has certain obligations. If he gets a call from a tenant he has to decide first if there is an obligation and then if he is going to fulfil it. As to the first...
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    Do not worry about what the agent thinks. It...

    Do not worry about what the agent thinks.

    It is quite unprofessional first to produce an agrement which does not include what was agreed and secondly to expect someone to sign such an agreement...
  7. A bit tricky. Up to a point it is all part of...

    A bit tricky. Up to a point it is all part of being a landlord. You do not have to be at the tenant's beck and call, but have to be reasonably available. If you do not live near the rented property...
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    It is really quite simple Haymck, if you do not...

    It is really quite simple Haymck, if you do not want to commit yourself to a further six months do not sign a new tenancy agreement. There is no obligation on you to do so and you must not allow...
  9. None of the above. Ask for a response to the...

    None of the above. Ask for a response to the points made in your last letter.
  10. Write back and say that the reduction was not a...

    Write back and say that the reduction was not a gesture of good will but a tacit admission that they are not entitled to anything at all.
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    I now know what the lease says. There is no...

    I now know what the lease says. There is no requirement that consent is not to be unreasonably withheld.

    There are statutory provisions which apply.

    The first is section 143(1) of the LPA 1925...
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    It would seem to follow as a matter of logic that...

    It would seem to follow as a matter of logic that if the leaseholder was compensated for the loss of a right that the leaseholder no longer has that right; if the right had not been lost no...
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    It would be nice (a) to see the exact wording of...

    It would be nice (a) to see the exact wording of the relevant clause in the lease and (b) to know if the lease contains a clause which says that where permission is required it is not to be...
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    The exact words are all important. All comment...

    The exact words are all important. All comment without knowing the exact words is speculative and on that account potentially misleading.
  15. Do not even ask who can or cannot be named as the...

    Do not even ask who can or cannot be named as the landlord in a tenancy agreement - just put in the names of those who are the actual landlord.

    If you do the above there is no need to worry about...
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    Quite. Since it is difficult to work out what...

    Quite.

    Since it is difficult to work out what the clause means I think the way forward is to argue that it is interpreted in favour of the tenant.

    I started a thread on the clause here:...
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    Can you please clarify what the court ordered?

    Can you please clarify what the court ordered?
  18. The following assumes there is nothing elsewhere...

    The following assumes there is nothing elsewhere in the agreement which has a bearing on the clause quoted.

    You just know that drafting which uses phrases such as "administrating the deposit" is...
  19. The point was discussed recently, but whether in...

    The point was discussed recently, but whether in this forum or another I cannot recall. The legaislation is not crystal clear, but it seems there is no need to register if you are looking after just...
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    One rental months notice may be given by either...

    One rental months notice may be given by either the tenant or landlord after a period of six months has expired from the start of the tenancy to terminate the tenancy subject to the replacement...
  21. When dealing with short term residential...

    When dealing with short term residential tenancies you need to abide by the following rules:

    1. Keep it simple

    2. Remember rule 1

    3. If you fail to follow rules 1 and 2 do not blame anyone...
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    Mattl is spot on. The police were not. They...

    Mattl is spot on.

    The police were not. They may know all about PACE, but they have a weak grasp of real property law. I do not blame them for that (many lawyers have a weak grasp of real property...
  23. It is possible that even the lower amount of 2...

    It is possible that even the lower amount of 2 months management fees is not payable - see this thread:...
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    Obviously the decision is yours. Sometimes taking...

    Obviously the decision is yours. Sometimes taking the line of least resistance is the best option.



    Consider asking your solicitor how he managed to land you in your present situation. Invite...
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    Thre are three different things: 1. Ensuring...

    Thre are three different things:

    1. Ensuring that the person who signed the guarantee is the person named as guarantor

    2. Ensuring that the guarantor understands the guarantee

    3. Ensuring...
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