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Sep, 2014

Wednesday

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  1. Replies
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    I agree with Refurb to Rent. Avoid unnecessary...

    I agree with Refurb to Rent. Avoid unnecessary communication. Either the guarantee is continuing or it is not. Writing will not change anything.
  2. a) can an assured tenancy be set up like this? ...

    a) can an assured tenancy be set up like this?

    Yes. If it is a term of a tenancy that it is not a shorthold tenancy then it is not a shorthold tenancy. See para 3 schedule 2A HA 1988

    b) is it...
  3. Not quite sure what you mean by that.

    Not quite sure what you mean by that.
  4. Replies
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    I think what is to happen to the deposit does...

    I think what is to happen to the deposit does need to be agreed as part of the deal. The parties can agree what they like with regard to the deposit.
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    Whilst you are in charge and can decline to...

    Whilst you are in charge and can decline to accept a surrender or set your terms for a surrender, what you propose here is of no use to the tenants since they will be paying rent for a property they...
  6. Winding up a solvent company as a method of...

    Winding up a solvent company as a method of avoiding liabilities does not always work.
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    Just what I was going to say.

    Just what I was going to say.
  8. If the premises are commercial, the landlord may...

    If the premises are commercial, the landlord may only enter for a purpose allowed by the lease. The only exception is that the landlord who has an obligation to repair has an implied right of entry...
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    Just for the record, if the landlord agrees to...

    Just for the record, if the landlord agrees to change the rent payment date, the tenant is not in arrears. A tenant is only in arrears if he pays rent after the due date and not just because the rent...
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    Assuming it still running, there is no way she...

    Assuming it still running, there is no way she can cancel it as such. All she can do is to apply to the court for a declaration that it is no longer enforceable. There is not a lot of point in doing...
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    I confess I am not quite following all this. You...

    I confess I am not quite following all this. You have a commencement date of the 5th of the month and the rent day is the 10th, but a change to the 24th is not acceptable. However, you are happy to...
  12. Thread: Lost Deeds

    by Lawcruncher
    Replies
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    225

    If the LR suspects fraud it will not register the...

    If the LR suspects fraud it will not register the property at all.

    We can say that "title" to unregistered property comes in two forms: title by paper and title by possession. If the original...
  13. Replies
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    I think the point is that, whatever authority the...

    I think the point is that, whatever authority the landlord may have given to the agency and whatever the internal rules of the agency about who may sign, so far as any prospective tenant is concerned...
  14. Seven years (thirteen in a case where the tenancy...

    Seven years (thirteen in a case where the tenancy was granted by deed) is the relevant period when it comes to considering any action which may be taken by the tenant. However, a tenancy agreement...
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    There is no problem in drawing up a form of...

    There is no problem in drawing up a form of guarantee which makes the guarantor liable for a fixed term. However, it becomes trickier if you try to make the guarantor liable for any tenancy which...
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    If sending a letter before action send a copy to...

    If sending a letter before action send a copy to the B of S.

    As ram suggests, there is no question of the Bank being incompetent. If the lessee wants to put his head in the sand it is proper he...
  17. As I said above, only someone who knows who said...

    As I said above, only someone who knows who said or wrote what and in what order can offer an opinion if there is a contract here. If there is no contract she is entitled to her money back.
  18. More or less, yes. Assuming of course the notice...

    More or less, yes. Assuming of course the notice was sent, the law apportions the risk to the recipient.

    Almost every properly addressed notice sent by ordinary post arrives at its destination.
  19. That complicates things a bit. Either there is...

    That complicates things a bit.

    Either there is a contract or there is not. The fact that no contract has been signed is not conclusive because it is possible to create a contract for a tenancy...
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    A remedy that is often overlooked in this sort of...

    A remedy that is often overlooked in this sort of situation is simply to sue for the rent without asking for possession. If you get an order it can be enforced and (hopefully) either the tenant will...
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    It is important to understand that short term...

    It is important to understand that short term does not equal holiday letting. Taking somewhere as a stop gap is definitely not a holiday. If all the conditions are met it will be an assured shorthold...
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    The "making off without payment" provisions are...

    The "making off without payment" provisions are more a clarification of the law than a separate offence (though that is of course what they are). They were introduced to avoid civil law arguments...
  23. It is necessary to distinguish between a tenancy...

    It is necessary to distinguish between a tenancy and an agreement for a tenancy. If you only have an agreement for a tenancy there is no obligation to grant possession if the tenant does not pay when...
  24. Possibly. It depends on what else is said.

    Possibly. It depends on what else is said.
  25. Replies
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    I am not saying the civil route is closed. As...

    I am not saying the civil route is closed. As soon as the agent is under an obligation to repay the deposit the tenant has a cause of action.

    If it can be shown that when the agent was paid the...
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