LandlordZONE

01

Oct, 2014

Wednesday

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  1. Replies
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    Not sure insurance is available here since there...

    Not sure insurance is available here since there is already a dispute.
  2. With the possible exception of a lock-up under...

    With the possible exception of a lock-up under the arches agreed on a shake of hands, neither landlord nor tenant should enter into a commercial lease without instructing a lawyer and preferably one...
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    Nothing in that wording makes time of the essence.

    Nothing in that wording makes time of the essence.
  4. I repeat that we need to know exactly what the...

    I repeat that we need to know exactly what the notice said. That will tell us if it is capable of being a notice to quit at all. If it is in the correct form, we can go on to ask if it is valid. To...
  5. We need to know exactly what the notice said to...

    We need to know exactly what the notice said to determine its effect.
  6. I agree the OP needs to take professional advice...

    I agree the OP needs to take professional advice as to what sort of tenancy he grants and on what terms and the tax position.

    As to the tenancy, it needs to be borne in mind that (a) the employee...
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    An SPT is like any other tenancy. The parties can...

    An SPT is like any other tenancy. The parties can agree variations to the terms not affecting the duration of the term or extent of the property without having a whole new tenancy. Whilst it is true...
  8. I doubt that the lease was designed to prevent...

    I doubt that the lease was designed to prevent holiday lettings. If the intention had been to rule them out the lease would surely have made it plain. It just happens that the position is covered by...
  9. Whether something is a dwelling house is one...

    Whether something is a dwelling house is one question and whether it is used for residential purposes is another. "Residence" implies use as a home. You may own a dwelling house but not use it as...
  10. I had not registered the important point that the...

    I had not registered the important point that the lettings were short term.

    It is certainly arguable that holiday letting is carrying on a business. More important however is the requirement not...
  11. Replies
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    In that case it looks like you are caught. As I...

    In that case it looks like you are caught. As I said above, where a lease provides for a fixed term which is to continue as a periodic tenancy, the law treats it as the grant of a minimum term equal...
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    Does your title show you have any rights over...

    Does your title show you have any rights over this land?
  13. Replies
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    I can agree that the position is not exactly...

    I can agree that the position is not exactly crystal clear. It may be of course that the landlord does not realise the full effect of the words. You can try serving notice to end the tenancy at the...
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    If "the period stated in it" is six months, then...

    If "the period stated in it" is six months, then the wording can be rewritten:

    "Your agreement lasts for six months and will then automatically be renewed for successive periods of 3 months until...
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    I fear that what you have is effectively a...

    I fear that what you have is effectively a tenancy for a minimum of nine months.
  16. Underletting is not in breach of clause 18. It is...

    Underletting is not in breach of clause 18. It is a user covenant. So long as the flat is not being used for any of the purposes listed there is no breach. Whilst letting the flat may be a business,...
  17. I have concluded that what I thought might be a...

    I have concluded that what I thought might be a problem is not a problem. The contract does not need to conform with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989. There does...
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    I think we need to see the exact wording.

    I think we need to see the exact wording.
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    There is a bit of a defect in section 5. Under...

    There is a bit of a defect in section 5. Under the common law where a tenant remains in possession after a fixed term ends and a periodic tenancy arises, absent agreement to the contrary, the terms...
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    Unless I am missing something that the rent last...

    Unless I am missing something that the rent last payable was payable monthly.
  21. Replies
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    If agents were to be sacked for dodgy drafting...

    If agents were to be sacked for dodgy drafting the number of agents would be drastically reduced.

    The best way to avoid getting it wrong is to set it all out even if it means using more words than...
  22. Rye v Rye seems to cover the point. Lord Denning...

    Rye v Rye seems to cover the point. Lord Denning said: "I have come to the clear opinion that even under the 1925 Act a person cannot grant a tenancy to himself: for the simple reason that every...
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    Sticky: I do not propose to comment on lha's proposals....

    I do not propose to comment on lha's proposals. However, I will say this:

    Any suggestion that a landlord cannot enter against the tenant's wishes except with a court order is:

    (a) fine from a...
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    Sticky: I think we ought to keep emergencies out of this...

    I think we ought to keep emergencies out of this discussion as different rules apply.

    The key question is this:

    Where the terms of a tenancy, being reasonable, provide for a landlord to enter...
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    Sticky: Giving advice on legal issues without basing it...

    Giving advice on legal issues without basing it on a proper consideration of the law is like building a house on sand. If you get to court it is the law which counts. Practical advice is all very...
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