Gareth Archer

Registered with
Wednesday 16th December 2015

Latest Comments

Total Number of Property118 Comments: 14

Gareth Archer

12:48 PM, 13th November 2017, About 5 years ago

Illegal AST clause?

The clause is not a standard forfeiture clause. You would usual find provision to seek possession under Schedule 2 of the Housing Act (the Section 8 Notice grounds) but the provision here relates to Section 21 and seeks to provide the landlord with a right to kick out the tenant without any possession order. Such action would be unlawful and result in serious repercussions for the landlord. I believe the clause is unenforceable unless the landlord serves a valid Section 21 notice and subsequently obtains a possession order via the Court.... Read More

Gareth Archer

10:01 AM, 6th October 2017, About 5 years ago

Obstructive neighbours stopping us from renting flat

I would suggest that your recourse lies under the lease for the flat rather than holding out any hope of a resolution via environmental health. Free feel to email me a copy if you want me to look at it.... Read More

Gareth Archer

10:19 AM, 29th September 2017, About 5 years ago

No copy of agreement and tenant has dementia?


I agree with Graham. It appears you have a Rent Act tenancy to deal with and you need to be careful in how you address this. I would not suggest that a notice of termination/surrender is relied upon as signed by the tenant as his mental capacity to enter into any such agreement is in doubt. Neither is it simple to seek a surrender of a Rent Act tenancy.

If the tenancy continues and the tenant dies, it will not automatically end upon his death. It would be worth having a chat about the matter with you if you want to discuss.... Read More

Gareth Archer

12:38 PM, 29th June 2017, About 5 years ago

Section 8 and Section 21 with an improvement order outstanding?

Romain, you are correct that the improvement notice is a potential can of worms as the issue of disrepair is a live one. If the Section 21 route could be made available then this may assist with obtaining possession more efficiently with the documents and chronology of events here needed to consider and assess the most viable route.... Read More

Gareth Archer

12:20 PM, 29th June 2017, About 5 years ago

Can anyone provide me with a link to a downloadable Section 21 form?


Feel free to contact me to discuss the requirements for the correct Section 21 Notice.

Gareth... Read More