Just to be clear any time a tenant says "no entry" you do not go near the place. If you do the breach will be the Landlord's, as well as the tenant's. Landlord's is of quiet occupancy, tenant's is of...
Romain is right MacDonalds, not The Four Seasons for dinner. The whole key is whether the property was uninhabitable, or whether the decamping and to a hotel, not B&B, was essential or personal choice/preference. Leaving it a year weakens the...
Be advised anyway that there is a very short clause in the 2004 Act, I can never remember the number but it is in there, which basically gives Councils very wide discretionary powers when it comes to detailing conditions for...
There is no obligation AT LAW for a tenant to demand a Landlord's private, personal address. All a tenant is entitled to is an address in England and Wales for the purposes of serving notices on the Landlord. There is...
Long as it was the only month and that two month's wasn't paid originally. If it was and was held "in case" then that would be a deposit anyway (held in case they didn't discharge an obligatiuon i.e. pay next...
Local Authorities have wide discretion to apply local rules to licensing applications, section 90 Housing Act 2004:- "A licence may include such conditions as the local housing authority consider appropriate for regulating the management, use or occupation of the house...
Correct but only if the Court notices or asks questions on the deposit situation? On APP questions are asked and evidence must be submitted, I assume the same questions appear on a possession summons form? If so then yes needs...
Mandy Just to be clear Romain and Paul are absolutely correct, and I was wrong, bnizarre though it is the rtetaliatory stuff only starts probably October and only then applies to new tenancies granted after that date. In terms of...
@Paul Only struck out if the Relevant Notice is issued BEFORE a possession order is made. If, as is likely, the Council is too slow and the Order has been made BEFORE the RN has been issued then the Order...
Paul What sub-section exactly? Yes I know the section 21 can still be invalid in certain circumstances but the point I was making was whether it only applied to new tenancies until October 2018 Romain What site of yours?
Hi Romain You are right on all the actual s21 changes but don't think you are on the retaliatory but will double check. I have seen a lot on this (which I think is a complete non event for decent...
A few comments wide of the mark here, the position is as follows:- 1. It is not a retaliatory eviction because the s21 is being served BEFORE the tenant goes to EHO and they get involved 2. The deposit must...
Only just seen these latest posts but Romain beat me to the punch and is 100% correct. On the consent and insurance issues (I have always been bemused why companies and relocation companies and local authorities/housing associations are so obsessed...
Criminal Offence but an easy defence, just say sorry it was an accident. To get anywhere with mail offences you have to prove either intent, as evidenced by repeat offences, or the mail actually being withheld
The only defence against a mandatory possession action, s21 or s8, is a legal defect in the Landlord's claim. The two matters raised are contractual, not legal. Interesting word here is "defence" - do you mean as in filed in...
Allan You don't actually need to do a schematic drawing on very simple, basic assessments because what is required only needs to be "proportionate" Maggie £60 is very cheap especially if it includes VAT. Your biggest problem as a manager...
Jason B is in breach to A The insurance issues are getting mixed up, I was dealing with a leak from property next door, not the insurance position on Sajed's case. Tenancies between friends and families are always the worst!!...
7th November 2016, 9 years ago
Just to be clear any time a tenant says "no entry" you do not go near the place. If you do the breach will be the Landlord's, as well as the tenant's. Landlord's is of quiet occupancy, tenant's is of...
Read More →20th September 2016, 10 years ago
Romain is right MacDonalds, not The Four Seasons for dinner. The whole key is whether the property was uninhabitable, or whether the decamping and to a hotel, not B&B, was essential or personal choice/preference. Leaving it a year weakens the...
Read More →20th September 2016, 10 years ago
Be advised anyway that there is a very short clause in the 2004 Act, I can never remember the number but it is in there, which basically gives Councils very wide discretionary powers when it comes to detailing conditions for...
Read More →19th September 2016, 10 years ago
There is no obligation AT LAW for a tenant to demand a Landlord's private, personal address. All a tenant is entitled to is an address in England and Wales for the purposes of serving notices on the Landlord. There is...
Read More →24th August 2015, 11 years ago
Only just seen reference to this on Tessa's site. You're not serious Mark, surely?
Read More →29th April 2015, 11 years ago
Long as it was the only month and that two month's wasn't paid originally. If it was and was held "in case" then that would be a deposit anyway (held in case they didn't discharge an obligatiuon i.e. pay next...
Read More →29th April 2015, 11 years ago
Local Authorities have wide discretion to apply local rules to licensing applications, section 90 Housing Act 2004:- "A licence may include such conditions as the local housing authority consider appropriate for regulating the management, use or occupation of the house...
Read More →29th April 2015, 11 years ago
Correct but only if the Court notices or asks questions on the deposit situation? On APP questions are asked and evidence must be submitted, I assume the same questions appear on a possession summons form? If so then yes needs...
Read More →29th April 2015, 11 years ago
Mandy Just to be clear Romain and Paul are absolutely correct, and I was wrong, bnizarre though it is the rtetaliatory stuff only starts probably October and only then applies to new tenancies granted after that date. In terms of...
Read More →28th April 2015, 11 years ago
Note the Dereg Act s21 notice changes only apply to England - NOT Wales
Read More →28th April 2015, 11 years ago
@Paul Only struck out if the Relevant Notice is issued BEFORE a possession order is made. If, as is likely, the Council is too slow and the Order has been made BEFORE the RN has been issued then the Order...
Read More →28th April 2015, 11 years ago
Paul What sub-section exactly? Yes I know the section 21 can still be invalid in certain circumstances but the point I was making was whether it only applied to new tenancies until October 2018 Romain What site of yours?
Read More →28th April 2015, 11 years ago
Hi Romain You are right on all the actual s21 changes but don't think you are on the retaliatory but will double check. I have seen a lot on this (which I think is a complete non event for decent...
Read More →28th April 2015, 11 years ago
A few comments wide of the mark here, the position is as follows:- 1. It is not a retaliatory eviction because the s21 is being served BEFORE the tenant goes to EHO and they get involved 2. The deposit must...
Read More →25th April 2015, 11 years ago
Only just seen these latest posts but Romain beat me to the punch and is 100% correct. On the consent and insurance issues (I have always been bemused why companies and relocation companies and local authorities/housing associations are so obsessed...
Read More →24th April 2015, 11 years ago
Criminal Offence but an easy defence, just say sorry it was an accident. To get anywhere with mail offences you have to prove either intent, as evidenced by repeat offences, or the mail actually being withheld
Read More →24th April 2015, 11 years ago
The only defence against a mandatory possession action, s21 or s8, is a legal defect in the Landlord's claim. The two matters raised are contractual, not legal. Interesting word here is "defence" - do you mean as in filed in...
Read More →24th April 2015, 11 years ago
Allan You don't actually need to do a schematic drawing on very simple, basic assessments because what is required only needs to be "proportionate" Maggie £60 is very cheap especially if it includes VAT. Your biggest problem as a manager...
Read More →23rd April 2015, 11 years ago
Serve notice on B demanding back vacant possession from him which means B must get rid of C All very much easier said than done of course!!
Read More →23rd April 2015, 11 years ago
Jason B is in breach to A The insurance issues are getting mixed up, I was dealing with a leak from property next door, not the insurance position on Sajed's case. Tenancies between friends and families are always the worst!!...
Read More →Showing 20 of 704 comments