LandlordZONE

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Oct, 2014

Thursday

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  1. If the current tenancy is contracted out, then...

    If the current tenancy is contracted out, then there is no problem in obtaining possession. The keyword though is "current". The correct procedure needs to have been followed on every renewal....
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    Not necessary if you mean calendar month.

    Not necessary if you mean calendar month.
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    The words in red are pretty hard. They mean the...

    The words in red are pretty hard. They mean the tenant cannot exercise the right if he was ever late in paying the rent. They could be an unfair term. Providing that the rent has to be up-to-date...
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    There is nothing intrinsically unreasonable about...

    There is nothing intrinsically unreasonable about an RPI rent increase. It is something of a gamble for both parties. Whether it favours landlord or tenant depends on how the market moves in relation...
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    Perhaps those who are accused of being racists...

    Perhaps those who are accused of being racists and say they are not would like to let us have their ideas of what it takes to be a racist.
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    The Landlord will have a rent review yearly but...

    The Landlord will have a rent review yearly but this must be in line with current RPI.

    Too vague to be enforceable in my opinion.
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    I haven't seen them.

    I haven't seen them.
  8. What other bills a lessee may or not pay is quite...

    What other bills a lessee may or not pay is quite beside the point. The question is whether it is reasonable to make a charge and if it is how much.

    Rent collection is a service provided to the...
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    I said above that if you wish to make a guarantor...

    I said above that if you wish to make a guarantor liable for any statutory periodic tenancy coming after a fixed term you need some tight drafting. Your form of guarantee is not tightly drafted....
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    More than that, the wording quoted provides that...

    More than that, the wording quoted provides that liability actually ceases after the rent goes up.
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    Property_1, If the guarantee says that the...

    Property_1,

    If the guarantee says that the guarantor ceases to be liable when rent is increased then that is what will happen. A continuing guarantee has to be doubtful anyway unless the guarantee...
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    First we have the law of property. Under the law...

    First we have the law of property. Under the law of property the proportions in which land is held are determined by the documents. On the whole they are difficult to set aside, but in certain...
  13. Not really. The point is not so much how long...

    Not really. The point is not so much how long they stay, but in what capacity they stay.
  14. As lha says, there are two separate issues here:...

    As lha says, there are two separate issues here: noise and who can stay in the flat. If the problem is noise caused by a non-lessee, whilst attacking the problem by concentrating on the provisions...
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    The council is like any other land owner. There...

    The council is like any other land owner. There is no obligation on it to sell or grant rights over its land. The council has an obligation to obtain the market price for any land it sells unless it...
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    MisterB, When the agreement ends it ends and...

    MisterB,

    When the agreement ends it ends and (going forward) its terms are no longer applicable as the tenancy to which they relate no longer exists. A statutory periodic tenancy kicks in and its...
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    Not sure I understand why your solicitor thinks...

    Not sure I understand why your solicitor thinks that. Anyway, giving your husband 1% does at least make the TR1 look as if it is achieving something.
  18. An agent is paid commission on what he collects....

    An agent is paid commission on what he collects. If he chooses to take on a job where the rent is low that is his business.

    Give me an example of any other business where someone who owes £9 is...
  19. The first port of call is the titles of both...

    The first port of call is the titles of both properties. Assuming the properties are registered these can be downloaded here:...
  20. A section 8 notice does not actually require any...

    A section 8 notice does not actually require any compliance from the tenant. It is essentially no more than notice that the landlord intends to start proceedings for possession. The position is...
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    But you need to explain the difference in wording...

    But you need to explain the difference in wording between paragraphs 4 and 12. What is your explanation?

    Further, if the correct interpretation of paragraph 12 is that it has the same effect as...
  22. Two things to establish: · Were you served...

    Two things to establish:

    · Were you served with a formal rent demand? See here: http://www.lease-advice.org.uk/documents/Form_of_Rent_Demand_Notice_England.pdf

    · What does the lease say about...
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    This thread is about when a 24 hour notice period...

    This thread is about when a 24 hour notice period should be taken to start. We can all give our views, but really I think a landlord should be asking whether in fact he is more likely to get a...
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    Whilst is important to try and establish what the...

    Whilst is important to try and establish what the legal position is so that both landlord and tenant know where they stand, rather than ask not-that-easy-to-answer questions about the precise...
  25. The problem is that the position is not entirely...

    The problem is that the position is not entirely clear from your description. Not your fault - Ancient Chinese proverb: One showing is worth a thousand words. It is likely to help if you post a plan...
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