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Aug, 2014

Thursday

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  1. Replies
    8
    Views
    212

    Agreed that no SPT is created if tenant excercise...

    Agreed that no SPT is created if tenant excercise the break clause. It is also worth repeating that a notice to quit only applies to periodic temancies.

    I think the key to deem a 'penalty' unfair...
  2. Of course you took the time to look up what...

    Of course you took the time to look up what "fixtures and fittings" (which is what the landlord contracted to maintain) is commonly understood to mean before starting a flame war and before hastily...
  3. Last post from me because if I continue I won't...

    Last post from me because if I continue I won't be polite anymore.

    The article starts with:
    "Chattels are frequently referred to as fittings but the term fitting has no meaning in the legal...
  4. The link from RICS says that a cooker is regarded...

    The link from RICS says that a cooker is regarded as part of the fittings... I provided it as it seems that everyone has an opinion but no-one bothered checking. There are other references from...
  5. Again, what s.11 excludes is not relevant since...

    Again, what s.11 excludes is not relevant since the contract specifically states that the landlord will repair fixtures and fittings.

    As for what is commonly understood by fixtures and fittings,...
  6. Replies
    15
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    551

    A knowingly exagerated demand is an unwarranted...

    A knowingly exagerated demand is an unwarranted demand, IMHO.


    Looking at the definition in the Theft Act, if the proposed deductions are justified then IMHO it should be fine but if they are...
  7. Of course the contract goes over and beyond s.11...

    Of course the contract goes over and beyond s.11 since it states that the landlord will repair the fixtures and fittings without specifying exclusions (which s.11 does).
  8. Freestanding kitchen ovens and white goods are...

    Freestanding kitchen ovens and white goods are regarded as fittings...
  9. s.11 is the legal minimum but the landlord can of...

    s.11 is the legal minimum but the landlord can of course contractually agree to repair more.

    It seems that this is exactly what happened here as the contract states that he will repair all...
  10. If you're trying to argue that the oven, and the...

    If you're trying to argue that the oven, and the other provided appliances, are not either fixtures or fittings, "you're gonna have a bad time".
  11. Thread: Resent Rent

    by jjlandlord
    Replies
    5
    Views
    142

    Landlords never attracted sympathy because of the...

    Landlords never attracted sympathy because of the very nature of what they do.

    It is a recent development that most people own instead of renting. When the majority was renting landlords were...
  12. On the other hand, if you don't let him raise a...

    On the other hand, if you don't let him raise a dispute he may be forced to directly sue you, pointing to the court that he would happily have used arbitration.
  13. Replies
    7
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    171

    Gross yield is extremely useful when deciding...

    Gross yield is extremely useful when deciding which property to purchase.

    The most important aspect of any metrics is to understand what they mean and how to use the information.

    It is also...
  14. It takes time to evict tenants. If it is possible...

    It takes time to evict tenants. If it is possible to claim interests then why not do it? If properly organised it takes no extra effort.
  15. If the tenancy agreement states that interests...

    If the tenancy agreement states that interests are due at a certain rate on overdue rent, then do charge and claim them. The only risk is that the clause be struck off if the court deems the rate...
  16. Ah, OK. I had not got that you were quoting the...

    Ah, OK. I had not got that you were quoting the contract!

    In such case, there is little doubt that the landlord is indeed responsible for the repair.
  17. What says that a landlord has to repair all...

    What says that a landlord has to repair all fixtures and fittings?
  18. Well if we really want to be absurd: don't...

    Well if we really want to be absurd: don't protect £0 but admit you are liable for 3x deposit penalty and to return the deposit and send a cheque for 3x0 + 0 = £0 to the tenant.
  19. Quite obviously a deposit of '0' means no money...

    Quite obviously a deposit of '0' means no money has been received, and hence nithing needs protecting...
  20. Even better.

    Even better.
  21. Presumably the signed tenancy agreements already...

    Presumably the signed tenancy agreements already make no mention of any deposit.
  22. Replies
    3
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    162

    The box is on the N5B form used to start court...

    The box is on the N5B form used to start court proceedings, not on the s.21 notice.

    Based on it the court decides whether to award costs to the landlord.
  23. The action here is to take a payment of several...

    The action here is to take a payment of several months rent in advance. I think the issue is to decide on the intention and purpose.
  24. That's exactly my point and the point in Johnson...

    That's exactly my point and the point in Johnson v. Old.

    If there is no specific clause one month rent becomes payable, and thus a current liability, every month. As such, an upfront payment of,...
  25. No, it's not a current liability. If the rent is...

    No, it's not a current liability. If the rent is payable monthly then the liability arises monthly.
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