Out of interest, does anyone here have any experience of these penalties being awarded? Or any links to some examples?

I won't go down the periodic tenancy rabbit hole, only because here we are only talking about a Statutory Periodic Tenancy, so there really is no point discussing the common law rules, which are I...

Right, so you have a pile of dirty money, you either need to hide it somewhere (like offshore) or make it look like legitimate income. So in this instance, you could set up a tenancy on a house you...

No, the law doesnt recognise a lease with an uncertain term, so a periodic tenancy begins and ends at the conclusion of each period, not continuously.

The SPT is an exception to this rule allowed...

That was answered in David Smith's blog. A SPT doesn't end and begun month to month as it's uncertain term is allowed by statute.

I agree really, but there is sufficient doubt for it to be allowed an appeal to the second highest court in the land, so it can't have been that well settled. As you say, maybe a case of accepted...

The landlords guild seem to agree - they say protect and reissue the prescribed info unless the decision is challenged in the Supreme Court - ie don't risk it!
...

I think this is the logical end or the decision, if the tenancy is a new tenancy then it must be re-protected. You already have to do this for multiple fixed terms, the only reason you didn't for...

Could still be a misrepresentation by conduct if the T induced the LL to offer AST terms when he didn't have to. More likely its just that a s21 acts in both statute and common law, which it probably...

Could it be that the s21 would be valid, but come the court order the T would have a valid defence of estoppel, having relied on the fact that the LL would not enforce by remaining in the property.

Isn't the solution to issue to separate notices? A s21 and a common law lease compliant one. Isn't that why we still have terms in our ASTs that cannot be enforced unless the tenancy becomes...

A good point, but that is not all the law states. Like you said in your previous post, the deposit is deemed to be received when the SPT arises - s213 HA 2004 as amended also requires compliance...

I agree with the first bit, but the COA decides on points of law not the facts of the case. So you need to pick out the point of law that could be used subsequently in a lower court. The point of...

I'm not sure, just checked mydeposits and they treat the renewal or extension of a fixed term AST as a new tenancy, or indeed the transition from AST to SPT where there is a change in rent (which...

I may be late to this, in which case ignore or point me to some more info.

This judgement appears to be saying that at the end of a fixed term AST and commencement of a Statutory Periodic Tenancy,...

Clear isn't it?

S72(4) is the relevant section. A grant of a lease its a conveyance for these purposes. (rye v rye or irc v ingrams, not sure without notes).

...

I'm adding that to the memory bank. After a bit of research (5 min!) its a statutory exception contained within within s72 LPA 1925 - in case anybody wanted a reference.

Hi, yes is a legal principle that an owner (with a right of occupancy) cannot be both LL and T. However this doesn't stop the two owners entering into a contract that does not amount to a tenancy. ...

Well, at least you are positive!

Make sure you act quickly, I would be looking for some substantial damages.

It seems to me that your legal advisor has been far too passive, he should have been...

I looked into it all a while when a buying I was buying may have been opted in, but luckily wasn't.

I dont remember that much about the benefits, but I believe you save a great deal by being able...

So you can claim property and lease costs as a VAT input. It can be a very good move tax wise I'm told.

There is if the property has been opted in for VAT.

Great! I really look forward to it, lots of ambiguity (for me) in what can be recovered following forfeiture and whether it differs from from the other modes of ending a lease.

You should probably check with your accountant. But if this is more than just letting rooms for specific events or functions and more of a long term arrangement, then I would think it would have to...

Vicks - any chance you could extend your rent recovery post to include recovering rent, dilapidations, clean up expenses etc post forfeiture?