akhan

Registered with Property118.com
Saturday 11th April 2020


Latest Comments

Total Number of Property118 Comments: 11

akhan

11:57 AM, 22nd February 2022, About 3 months ago

Wales rule change questions for July 2022?

The Landlord would be the persons who would have ultimate control to grant a lease tenancy under the Act.
At all materials times the agent does not become a landlord as he does not have ultimate control to grant a lease in estate over the land.

In his authority he would require consent from the landlord and therefore acting in his capacity as mere agent of the principle Landlord.

Hope this help to clarify your concerns.

Please note, there is a lot of case law that you can obtain from Nexus lexis that will guide you to the correct answers.... Read More

akhan

22:47 PM, 4th August 2021, About 10 months ago

Tenant declining access for surveyor until post eviction?

Hi,
The most appropriate action would be to make an emergency application to your local high court for interim injunction permitting your surveyor access the property to carry out the survey on behalf of the lender. The application can be made with or without notice and once an application is lodge say on Monday it is usually heard within 3 working days. If the tenant refuses it would be contempt of court and he would be arrested by police.... Read More

akhan

11:34 AM, 14th April 2020, About 2 years ago

12 out of 13 tenants asked for "Rent-Free Holiday"?

https://www.property118.com/dangerous-fog-of-liability-to-full-rent-during-covid-19/

I wrote this article in response to my tenants reading fake information on face book and then demanding a payment holiday or in the alternative rent reduction.

I swiftly refused and updated them of the law including reference to High trees case detailed in the above article. I was fortunate as I have the necessary legal skills to be able to apply the law to complex legal problems.

The above article deals with most of the issues you have listed.

Thanks... Read More

akhan

14:16 PM, 12th April 2020, About 2 years ago

Government must give clear statement on rental payments

Reply to the comment left by Bill irvine at 12/04/2020 - 13:37
I am not saying that!

I am stating that you must confirm to the tenant that they are still liable for the remaining balance and that you have not agreed to waive the remaining balance when then make these part-payments.

To avoid them running the argument of promise estoppel when you chase them for the outstanding monies !... Read More

akhan

21:41 PM, 11th April 2020, About 2 years ago

Government must give clear statement on rental payments

Reply to the comment left by akhan at 11/04/2020 - 21:23
Part rent payments are acceptable provided it is made clear to the tenant they will still be liable for the full outstanding balance for all shortfalls.

However , agreeing to part payment of rent that amounts to a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration under the concept of Promissory estoppel.

The lower rent despite the fact that the promise was unsupported by good consideration, would last until the tenants situation improved . In this scenario you could not recover the shortfall if you accepted 50% rent whilst the COVID was around as a waiver to encourage you tenant to pay.

The point I was making is it would be a dangerous road to travel, unless you can clearly spell out to your tenant that they are still responsible for the full rent whilst the Covid is around, and you have not agreed to accept part payments to discharge the full higher amount. It is only part payment of the months rents.
Hope this helps.... Read More