Hotel Guest – Tenancy, Licence or Lodger?

An interesting question on the help-line has raised this article. In fairness, it won’t be of much practicality to most of our members but all the same I think it raises interesting questions. Background The member runs a hostel in Cornwall. It is primarily used by backpackers seeking a cheap overnight stay. Occasionally, contractors will seek accommodation for a longer period of time when there is work in the area. The occupier in...

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Locks, Keys, Bolts and Bars

Well, it seems the forum saga continues, now with new accusations. As it seems to me, on the thread there are four suggestions as to the law: It is illegal for a landlord to hold a set of keys – This has been resolved as human error and our article here. Then, three new suggestions namely:- There is no automatic right for a landlord to hold keys, To be safe he should obtain the permission of the tenant but the tenant could rescind this...

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Can a Landlord Hold a Set of Keys?

I have had a little flurry of members contact me in regard to a forum post which said: “I just think too many landlords are lethargic about understanding the law and their obligations. Did you know for instance, that it is illegal for the Landlord to hold a set of keys to the property? You can hold a set of keys if you get the tenant to sign an agreement to that effect and attach it to the tenancy agreement. That is the only legal way to...

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Police Broken Door

A perhaps surprisingly common question we get is what is the position where the police break down a tenants door? Who should pay? Compensation Under the Police and Criminal Evidence Act 1984 (PACE), codes of practice are created. Code of Practice “B” deals with entry and searching of premises. Note 6A states: Whether compensation is appropriate depends on the circumstances in each case. Compensation for damage caused when effecting...

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Thomas v Director of Public Prosecutions

Thomas v Director of Public Prosecutions Times, November 25, 2009 Divisional Court, October 23, 2009 Elias LJ, Openshaw J A police constable may enter and search any premises for the purpose of, executing a warrant of arrest or arresting a person for an indictable offence [s.17(1)(a)-(b), Police and Criminal Evidence Act 1984]. Where the premises consist or two or more separate dwellings, the constable may only enter: ......

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