Tenancy greater than £25,000 per annum

Tenancy greater than £25,000 per annum

by | 23 Sep 2009 | Granting a Tenancy

Below is an article taken from the Sunday Times which is not especially helpful. The simple fact is that a tenancy where the rent is greater than £25,000 (£100k from October 2010) per annum can never be an AST but this is a good thing, not a bad thing. It is just as...
Resident Landlord

Resident Landlord

by | 23 Sep 2009 | Granting a Tenancy

Resident landlords are excluded from being able to grant an assured shorthold tenancy and there are two types of resident landlord. Sharing facilities e.g. kitchen, bathroom etc with tenant If you share facilities with the occupier, then it is unlikely that they are a...

When rent is due and in arrears

by | 23 Sep 2009 | Rent

Rent is payable in arrears unless there is an express agreement that it is payable in advance. Where the rent is payable in arrears the landlord is only entitled to rent up until the date the tenancy is determined. Where the rent is payable in advance (as in most...
Payment of rent into bank

Payment of rent into bank

by | 23 Sep 2009 | Rent

Where the landlord directed the tenant to pay rent to the landlord’s bank, the rent was paid when the money was transferred into the landlord’s bank account and not when the receiving bank notified the landlord that the payment had been made. [Eyles v...
Payment of rent in advance is not payment of rent

Payment of rent in advance is not payment of rent

by | 23 Sep 2009 | Rent

Payment before the day is voluntary and a payment of a sum in gross, and no satisfaction at law of the rent. [Clun’s Case (1613) 10 Co.Rep. 127b; Cromwell v Andrews (1583) cro.Eliz. 15.]  Thus the landlord was entitled at law for forfeit for non-payment of rent...
Payment of rent by a stranger

Payment of rent by a stranger

by | 23 Sep 2009 | Rent

Payment or satisfaction of the amount of the rent due by a stranger to the contract of tenancy does not discharge the tenant unless it is made by that person as agent for the tenant and with his prior authority or subsequent ratification. [Smith v. Cox [1940] 2 K.B....
Must landlord accept rent?

Must landlord accept rent?

by | 23 Sep 2009 | Rent

It seems that the landlord is not obliged to accept rent tendered to him. He may refuse to do so where, for example, he wishes to avoid waiving the right to forfeit. [cf. Richards v. De Freitas (1974) 29 P. & C.R. 1.]  Where the landlord refuses to accept rent,...
Landlord can force sub-tenant to pay rent (if one)

Landlord can force sub-tenant to pay rent (if one)

by | 23 Sep 2009 | Rent, Subletting

A superior landlord has the right to require a sub-tenant to make future payments of rent to him where his immediate tenant is in arrear with the rent. [Law of Distress Amendment Act 1908, s.6] s 6 To avoid distress. In cases where the rent of the immediate tenant of...
Verbal (parol) Tenancies

Verbal (parol) Tenancies

by | 23 Sep 2009 | Granting a Tenancy

Is it possible to have a verbal tenancy? This is never advisable but yes it is possible [s54 Law of Property Act 1925] 53.- Instruments required to be in writing. (1) Subject to the provision hereinafter contained with respect to the creation of interests in land by...
Surrender

Surrender

by | 23 Sep 2009 | Possession

Also see “is notice by tenant valid” Surrender by operation of law An agreement by the landlord and the tenant that the term shall be put an end to, acted upon by the tenant’s quitting the premises and the landlord by some  unequivocal act taking...

Subletting (Assured Shorthold Tenancy)

by | 23 Sep 2009 | Granting a Tenancy, Subletting

Termination of head tenancy: effect on assured [shorthold] tenancy The common law provides that where a tenancy is determined all sub-tenancies automatically come to an end unless the superior tenancy has been determined by surrender. S.18 Housing Act 1988 nullifies...