LandlordZONE

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Jul, 2016

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    The government's document contains a lot of notes...

    The government's document contains a lot of notes and guidance which you can, and probably should, remove.
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    It depends on whether the email is late because...

    It depends on whether the email is late because it was sent late or just received late.
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    Let's not go over the top...

    Let's not go over the top...
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    Let'e be honest, the law is still very badly...

    Let'e be honest, the law is still very badly drafted and the penalty disproportionate even with the changes from the Localism Act.

    Currently courts have no choice but to award a penalty higher...
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    It does not add several months of delay,...

    It does not add several months of delay, especially compared to serving a new notice.
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    In this case both suggest the same approach. ...

    In this case both suggest the same approach.

    As written, providing a rebuke to the tenant's defence has only upsides.
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    There is no such risk, quite the opposite. If...

    There is no such risk, quite the opposite.

    If you admit that a deposit was paid: (1) you will have to repay it, (2) you will be liable for the non-protection penalty, and (3) the current...
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    It is irrelevant whether the previous landlord...

    It is irrelevant whether the previous landlord hasn't returned the deposit related to the previous property.

    The only thing that matters is whether a deposit was taken in relation to the current...
  9. In that case don't common law rules on notices to...

    In that case don't common law rules on notices to quit apply? (I thought they applied to both tenancies and licences)
  10. My understanding is that if the agreement is...

    My understanding is that if the agreement is silent then the common law rules on notice to quit apply. These rules can be modified by explicit terms in the agreement, as is the case here. Nothing...
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    Of the fixed term tenancy.

    Of the fixed term tenancy.
  12. Does not look unfair to me. Does not look...

    Does not look unfair to me.



    Does not look unfair either as that's basically payment in lieu of notice. Perhaps the wording could be improved, though.

    It would be best to draw the attention...
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    Just to warn that there are quite a few errors in...

    Just to warn that there are quite a few errors in that article.

    Also one should check that the s.13 notice form they get is the latest version.
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    Lofts are ventilated. Wasps and bees will have...

    Lofts are ventilated. Wasps and bees will have access.
    Wasp nests are seasonal and there is not much to do apart from regularly checking lofts in order to destroy any nest early by spraying them.
    ...
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    The wasp nest is the responsibility of the tenant.

    The wasp nest is the responsibility of the tenant.
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    Nothing you have written suggests that the...

    Nothing you have written suggests that the tenancy agreement "says 2 month notice".
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    I would think that it was not for the trader to...

    I would think that it was not for the trader to show that it was individually agreed, and for consumers to read contracts.
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    Shame. The explicit exclusion of individually...

    Shame. The explicit exclusion of individually negotiated terms had the merit of being crystal clear. Now that has in effect been restricted.



    The wording was essentially the same in the UTTCR....
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    I don't see why the new prescribed s.21 notice...

    I don't see why the new prescribed s.21 notice form should change anything to the position that a s.21 notice may be used to activate a break clause.
    They key point is that the s.21 notice must...
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    You take it for a ride once a week and it becomes...

    You take it for a ride once a week and it becomes hard to claim that it is not normally employed as a moving vehicle.
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    Vehicles are excluded, which means you can...

    Vehicles are excluded, which means you can display ads on a vehicle:


    BUT there is a major caveat:
  22. As said previously, in practice you can be held...

    As said previously, in practice you can be held solely liable to the landlord since the landlord is free to decide to go after you only for any debt.
  23. One tenant cannot "leave the contract" in your...

    One tenant cannot "leave the contract" in your scenario.

    However, the landlord may decide to go only after you for any owed rent. There's nothing you can do about that.
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    What does "legally-binding" mean, though? ...

    What does "legally-binding" mean, though?

    Indeed, it will not end the tenancy since no surrender will actually occur if the tenant changes his mind.
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    I think they do it because: You can park a...

    I think they do it because:

    You can park a vehicle on your land, and,
    You can paint a vehicle with advertisement.

    So if you paint a truck with a side advertisement then park on your land, what...
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