Emerald Legal

Registered with Property118.com
Friday 6th March 2015


Latest Comments

Total Number of Property118 Comments: 30

Emerald Legal

13:06 PM, 13th November 2017
About 2 years ago

Illegal AST clause?

Apologies - I have now read the clause again. It looks to me as if it is supposed to be a forfeiture clause but it has been worded incorrectly. The landlord most certainly could not just re-enter however so the tenant is safe from that perspective. The clause just does not make sense and needs to be re-written as a standard forfeiture clause.... Read More

Emerald Legal

12:38 PM, 13th November 2017
About 2 years ago

Illegal AST clause?

It is a standard forfeiture clause which is included to enable the landlord to take possession using ground 8 etc within the fixed term. The landlord cannot actually just re-enter and take possession without a court order however.... Read More

Emerald Legal

14:40 PM, 31st October 2017
About 2 years ago

No tenancy agreement issued as deposit paid in installments?

If the 'tenant' pays rent and has exclusive possession (i.e. landlord does not live in the property or provides services such as cleaning or food, etc) then it is a tenancy regardless of whether there is a tenancy agreement, unfortunately.... Read More

Emerald Legal

10:20 AM, 31st October 2017
About 2 years ago

No tenancy agreement issued as deposit paid in installments?

Tread very carefully! Your tenant may make a claim against you for not protecting each instalment of his deposit within 30 days. Unless you agree a surrender then you'll need to return the deposit he has paid before (unless he'll agree for you to credit it towards the arrears in writing) and then serve a section 21 giving him two months to vacate. if he doesn't then you will need to use the standard procedure to gain possession through the courts. Hope that helps... Read More

Emerald Legal

10:23 AM, 19th September 2017
About 2 years ago

Do I still need to go to court TODAY?

Hi Sarah,

Yes, attend this afternoon and explain the situation.

I would usually get a forthwith possession order in any event just to protect my position but you should definitely get the CCJ for the rent arrears and costs.

Good luck!... Read More