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Mar, 2015

Saturday

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  1. I think that the counter argument that could be...

    I think that the counter argument that could be made would be to note the term "unilaterally to determine a periodic tenancy": If the landlord serves a section 21 notice then arguably the tenant does...
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    There is no debate. It is accepted that emails...

    There is no debate. It is accepted that emails are in writing, including in case law.

    There is no general requirements that contracts be in writing. There are requirements that specific legal...
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    How does that exclude emails? Yes an...

    How does that exclude emails?



    Yes an emailed NTQ would still be in writing. However it would not have been served correctly and thus would be invalid unless you accepted it.

    This is what I...
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    Well, I'm sorry but emails are "in writing". ...

    Well, I'm sorry but emails are "in writing".

    If the requirement is for the communication to be in writing then an email will do. As said the issue is whether this will comply with any other...
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    That's true. However, to send an email one then...

    That's true.
    However, to send an email one then needs to gain access to the user's credentials...



    What exactly are you getting at with all this, then?
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    All Gmail emails are DKIM-signed. I think you...

    All Gmail emails are DKIM-signed.

    I think you are looking at a very high degree of security, which letters do not even provide, and moving the debate to email security rather than to what is in...
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    This scenario can occur whatever your approach to...

    This scenario can occur whatever your approach to email, as long as email addresses are known by both parties.
    In your example, I suppose DKIM signatures could be checked.

    At the end of the day,...
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    Whether something is in writing does not say...

    Whether something is in writing does not say anything as to whether it is easy or difficult to fake.
    A letter is easily faked...

    Emails are certainly in writing.

    The issue is rather to check...
  9. A lodger is a tenant only if you grant him a...

    A lodger is a tenant only if you grant him a tenancy, which you should not do.
    In general, you should only grant a license to a lodger.
  10. Regarding accounting for mortgage fees in the...

    Regarding accounting for mortgage fees in the year they are incurred rather than amortising them of the mortgage's term: My understanding is that whilst it is not correct it should be acceptable...
  11. You don't usually grant a tenancy to a lodger,...

    You don't usually grant a tenancy to a lodger, but they do obviously get some right of occupation.
  12. "Oh sorry, I accidently opened all those letters...

    "Oh sorry, I accidently opened all those letters addressed to you"
  13. That's not exactly what you wrote, is it?

    That's not exactly what you wrote, is it?
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    I'm thinking that the repair and the interests on...

    I'm thinking that the repair and the interests on the loan might be separate issues.

    Indeed, the loan and any mortgage are used to finance the property as it was when added to the business. As...
  15. Where does it say that a s.21 is invalid if the...

    Where does it say that a s.21 is invalid if the tenant does not know whether it is valid? If that were to be the case a notice would be invalid by the simple fact of the tenant claiming that it is...
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    So that each 'flat' is not considered an...

    So that each 'flat' is not considered an independent dwelling for council tax purposes?
  17. That's only for rent demands, and only make...

    That's only for rent demands, and only make service charges not due.
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    Man, if you start to actually thinking about it...

    Man, if you start to actually thinking about it all, you are not going to pray for much longer and will end up subscribing to The Freethinker ;)



    Hit me baby one more time!

    Wrong Gospel?
  19. The requirement in s.48 of the LTA 1987 is only...

    The requirement in s.48 of the LTA 1987 is only to provide an address for the service of notices, not to provide the landlord's name and address.
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    Do you pay your rent monthly? What date is it...

    Do you pay your rent monthly? What date is it payable?
  21. My argument still holds: If tomorrow all...

    My argument still holds: If tomorrow all landlords raise rents by 20% (which seems unrealistic, and certainly not something one would do "unconsciously") and all goes well, then why are they all...
  22. If you can let at 20% more rent, it probably just...

    If you can let at 20% more rent, it probably just means that you were very cheap before...
  23. I feel that you have not read the relevant...

    I feel that you have not read the relevant statutes...
  24. Considering that you have been quoted the letter...

    Considering that you have been quoted the letter of law, and the legal ways a tenancy may end, I think in fairness that it is for you to show evidence that you are right.
  25. Of course it does: If there is no tenancy then...

    Of course it does: If there is no tenancy then there is not rent due.
    However, that does not mean that the (ex-)tenant is not liable to compensation the landlord.
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