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Jul, 2014

Thursday

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  1. Where the tenant makes a request under section 1...

    Where the tenant makes a request under section 1 of the Landlord and Tenant Act 1985 the address supplied must be the landlord's actual address. The Act defines "address" as "a person’s place of...
  2. elniinio, More or less what I was going to say.

    elniinio,

    More or less what I was going to say.
  3. I think that sums up the position quite...

    I think that sums up the position quite succinctly. Unless the documentation creates a charge on the deposit, it will have to be paid to the late tenant's estate and the landlord make his claim and...
  4. If the horses are used in connection with...

    If the horses are used in connection with agriculture, e.g. ploughing or transport on a farm, you need to know if you have a lease or licence to determine how the arrangement can be brought to an...
  5. The husband cannot deal on his own. You will...

    The husband cannot deal on his own. You will still have to go through one of the procedures unless the husband appoints a new trustee as allowed by section 36 of the Trustee Act 1925.
  6. Rather I think the point is that the Tribunal...

    Rather I think the point is that the Tribunal cannot rule on what is reasonable.

    Never ask anyone entitled to the fee what is reasonable - just send then ten quid plus VAT if they are VAT...
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    I meant to mention that the admin co's saying...

    I meant to mention that the admin co's saying they will only cover the cost of re-issuing demands will not do them a lot of good. If they prepare a demand which is invalid they will be negligent and...
  8. It may be that in practice the Act is invoked...

    It may be that in practice the Act is invoked more on renewals, but in fact it applies to all leases. The relevant section is quite clear:

    Notwithstanding any custom to the contrary, a party to a...
  9. You say that the main lock was not broken. Was...

    You say that the main lock was not broken. Was some other lock broken? If not, that throws a different light on the matter and it would seem that there was in fact nothing to repair. If no repair was...
  10. If the notice provided for the tenancy to end on...

    If the notice provided for the tenancy to end on 31st August and was valid then the giving of the notice fixed the end of the tenancy at 31st August. It can only end earlier by mutual agreement. That...
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    The first port of call has to be the lease. It...

    The first port of call has to be the lease. It should say who is responsible for which parts. It is not necessarily straightforward to work that out and in some cases there may be doubt. What is...
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    I am not sure what confidence I should have in a...

    I am not sure what confidence I should have in a professional association which does not make available to the general public the guidance it gives to its members.

    I think professionals need to...
  13. I do not think there is much doubt that the...

    I do not think there is much doubt that the responsibility for repairing the door lies with you. Section 11 is quite clear that in a short term residential tenancy the landlord is responsible for the...
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    What does the tenancy agreement say? What...

    What does the tenancy agreement say? What obligations and restrictions are placed on the tenant?
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    Is this advice available on line?

    Is this advice available on line?
  16. The essence of a tenancy is that the tenant gets...

    The essence of a tenancy is that the tenant gets exclusive possession. If the landlord wants to modify that he needs to reserve rights accordingly and can do so so long as the exclusivity of...
  17. Since the tenant has given notice you can...

    Since the tenant has given notice you can advertise now. However, you cannot put up a notice and/or have potential tenants inspect unless the lease so provides.

    Agreeing an extension which does...
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    "Yes this is correct as the transfers are in...

    "Yes this is correct as the transfers are in accordance with the contract of exchange".

    Unless there is some rule I am unaware of, sounds like a bit of nonsense to me. Ask her to explain further....
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    Sort of. I would put it like this: Section 62 LPA...

    Sort of. I would put it like this: Section 62 LPA 1925 was drafted with two things in mind: to save words and to provide a fall back position where the instrument fails to make adequate provision. If...
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    I am not sure that LHA and I are in fact in...

    I am not sure that LHA and I are in fact in disagreement.

    Confining ourselves to leasehold flats, we need to distinguish between:

    (a) Whether areas such as lofts, cellars, staircases, balconies...
  21. If we agree that you will come and clean my house...

    If we agree that you will come and clean my house once a week for so much much a time that is a contract for a continuing service. Either of us would be able to bring the arrangement to an end by...
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    But the agent is not suggesting that. We are...

    But the agent is not suggesting that. We are primarily concerned with section 47. If we rewrite the relevant parts to take paragraph 12 into account we get:

    (1) Where any written demand is given...
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    See my last post. If unsure what to do ask the...

    See my last post. If unsure what to do ask the nine year old next door!
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    In that case I cannot understand what the council...

    In that case I cannot understand what the council are on about or what point they hope to make by saying the agreement was invalid.
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    You can either print it off and scan it or use...

    You can either print it off and scan it or use the "print page" facility to get it into a different format.
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