LandlordZONE

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Oct, 2014

Monday

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  1. I cannot see that it is. Ask the solicitor for an...

    I cannot see that it is. Ask the solicitor for an explanation.
  2. And of course if a court grants an injunction it...

    And of course if a court grants an injunction it must be because the right is capable of being exercised.
  3. This sort of uncertainty is not uncommon. It...

    This sort of uncertainty is not uncommon. It arises from the fact that an agreement for a short term letting does not need to be in writing. An agreement can be created (a) orally; (b) by an exchange...
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    Please refer to post 6.

    Please refer to post 6.
  5. I was never a litigator and so my knowledge of...

    I was never a litigator and so my knowledge of court procedures is extremely limited. If they say on the landlord law blog that you cannot use the fast track eviction it is no doubt the case....
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    Contrary to popular belief there is nothing magic...

    Contrary to popular belief there is nothing magic about keys. You cannot effect the creation or transfer of land or interests in land by the handing over of keys. However, coupled with some other...
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    You can only charge an admin fee if the tenant...

    You can only charge an admin fee if the tenant agrees to pay it.
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    You cannot do what you want because the agreement...

    You cannot do what you want because the agreement is for a fixed term and you cannot provide for what rent is payable after it ends - it is a contradiction in terms. When the fixed term expires a...
  9. I do not think it works quite like that. It is...

    I do not think it works quite like that. It is not a case of rights coming into conflict with each other as may happen with the rights set out in the ECHR. The terms of a tenancy are a package. The...
  10. What you have left out is that there is only an...

    What you have left out is that there is only an offence if the landlord "knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the...
  11. That implies that a right needs to be statutory...

    That implies that a right needs to be statutory to be a good one. What the statute in effect does is write into every tenancy agreement/lease to which it applies a covenant by the lessee that "the...
  12. Assuming the NTQ was valid: An NTQ served by...

    Assuming the NTQ was valid:

    An NTQ served by one of joint tenants is valid even if served contrary to the wishes of the other tenant(s).

    An NTQ ends the tenancy on the day it (the notice)...
  13. No. If the "giving" was dependent upon the notice...

    No. If the "giving" was dependent upon the notice literally coming into the hands of the tenant the landlord would never know when the notice was given. We can note that the Interpretation Act says:...
  14. I think it depends on how connected the letting...

    I think it depends on how connected the letting of the garage and the letting of the separate dwelling are. If a landlord grants a tenancy of a flat and a garage in the same block or the grounds of...
  15. I don't understand the betterment argument since...

    I don't understand the betterment argument since I'm not coming out any better off - the items were taken.

    Basically it goes like this:

    You buy an item and it has a life expectancy. Let's say...
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    The designation attaches to the tenancy, not the...

    The designation attaches to the tenancy, not the tenants. An assured tenancy is either non-shorthold or shorthold.
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    If there is no written lease the landlord has no...

    If there is no written lease the landlord has no right to forfeit for non-payment or rent, or indeed any other reason. It sounds like you need to see a solicitor.
  18. The specific exclusion of the roof may indeed...

    The specific exclusion of the roof may indeed make things very awkward, especially if there is no window in the roof and you want one.
  19. 1. Am I worrying unnecessarily? Absolutely...

    1. Am I worrying unnecessarily?

    Absolutely not.

    2. Have I understood the legal position on this correctly?

    If you have presented the facts correctly, yes.

    3. Is there anything I should...
  20. All that flat known as Plot X...being on the 1st...

    All that flat known as Plot X...being on the 1st floor of the building together with the doors, windows thereof and the interior faces of the ceilings up to the underside of the joists slabs or beams...
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    Whilst the new tenancy replaced the old one it...

    Whilst the new tenancy replaced the old one it does not follow that the new tenancy was a shorthold tenancy. Schedule 2A of the HA 1988 lists tenancies which cannot be shorthold tenancies and...
  22. You assume correctly. However, the only reason...

    You assume correctly. However, the only reason you can insist is because the lease says consent is required.
  23. I have no idea if Tessa is right but I just feel...

    I have no idea if Tessa is right but I just feel her argument is correct and she says what I think I have said somewhere in this forum or if not elsewhere. It seems to me to be implicit in the nature...
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    Noted thank you.

    Noted thank you.
  25. A good question. It is entirely possible that the...

    A good question. It is entirely possible that the loft is included despite not being mentioned in the lease. Unless the loft is clearly excluded, if you tell us what the lease says we can offer an...
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