Comments for GRL Landlords Association http://www.landlordsguild.com Guild of Residential Landlords - Landlord and Tenant law Wed, 22 Feb 2012 14:30:33 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on Deposit Protection After Tenancy Ended by The Importance of Prescribed Information | GRL Landlords Association http://www.landlordsguild.com/archives/4166#comment-359 The Importance of Prescribed Information | GRL Landlords Association Wed, 22 Feb 2012 14:30:33 +0000 http://www.all4landlords.com/archives/4166#comment-359 [...] Properties v. Fletcher and Others [2010] EWCA Civ. 1224 and Potts v Densley and Pays [2011] EWHC 1144 (QB) had been handed [...] [...] Properties v. Fletcher and Others [2010] EWCA Civ. 1224 and Potts v Densley and Pays [2011] EWHC 1144 (QB) had been handed [...]

]]> Comment on Legislation Achieves Primary Objective by The Importance of Prescribed Information | GRL Landlords Association http://www.landlordsguild.com/archives/3863#comment-358 The Importance of Prescribed Information | GRL Landlords Association Wed, 22 Feb 2012 11:43:04 +0000 http://www.all4landlords.com/?p=3863#comment-358 [...] Limited (Trading as Universal Estates): Honeysuckle Properties v. Fletcher and Others [2010] EWCA Civ. 1224 and Potts v Densley and Pays [2011] EWHC 1144 (QB) had been handed [...] [...] Limited (Trading as Universal Estates): Honeysuckle Properties v. Fletcher and Others [2010] EWCA Civ. 1224 and Potts v Densley and Pays [2011] EWHC 1144 (QB) had been handed [...]

]]> Comment on Hotel guest,licencee or tenant? by guildrl http://www.landlordsguild.com/archives/5861#comment-357 guildrl Tue, 21 Feb 2012 19:08:00 +0000 https://www.landlordsguild.com/archives/5861#comment-357 Hello We have had this debate before as to where within a building does this apply. It seems the dwelling house must "consist or comprise" premises which have a licence for consumption "on the premises" (so therefore an on licence, not an "off" licence.) This raises the question is it simply that the dwelling (or in your case two dwellings) must be within the same "building" or, must the dwelling(s) be within the "licensed part of the premises"? The general consensus was that in order to be excluded from being an assured shorthold tenancy, the dwelling must be within the licensed premises so not just within the building. Therefore, in order to answer your question you need to simply look at the licence on the building. This is publicly available under the licensing act 2003 and it will have a plan outlining the licensed part. Simply, if the the dwelling is within the license it cannot be an AST, otherwise it will be an AST. Of course, if you were letting the flat as part of the hotel for holiday purposes and not as someones home, then it wouldn't be an AST either but that's a different point altogether. Many thanks Adrian Hello

We have had this debate before as to where within a building does this apply. It seems the dwelling house must “consist or comprise” premises which have a licence for consumption “on the premises” (so therefore an on licence, not an “off” licence.)

This raises the question is it simply that the dwelling (or in your case two dwellings) must be within the same “building” or, must the dwelling(s) be within the “licensed part of the premises”?

The general consensus was that in order to be excluded from being an assured shorthold tenancy, the dwelling must be within the licensed premises so not just within the building.

Therefore, in order to answer your question you need to simply look at the licence on the building. This is publicly available under the licensing act 2003 and it will have a plan outlining the licensed part. Simply, if the the dwelling is within the license it cannot be an AST, otherwise it will be an AST.

Of course, if you were letting the flat as part of the hotel for holiday purposes and not as someones home, then it wouldn’t be an AST either but that’s a different point altogether.

Many thanks

Adrian

]]> Comment on Hotel guest,licencee or tenant? by David http://www.landlordsguild.com/archives/5861#comment-356 David Tue, 21 Feb 2012 18:01:00 +0000 https://www.landlordsguild.com/archives/5861#comment-356 I read the above posts with interest as I could be getting 2 self contained flats in a hotel to rent out. The tenants do have to walk through the front entrance of the hotel and then go up the elevator to access the flats.   The building is still a hotel but the owner converted a few rooms to make them self contained. Can I use a AST? I read the above posts with interest as I could be getting 2 self contained flats in a hotel to rent out. The tenants do have to walk through the front entrance of the hotel and then go up the elevator to access the flats.
 
The building is still a hotel but the owner converted a few rooms to make them self contained.

Can I use a AST?

]]> Comment on Accreditation questions by guildrl http://www.landlordsguild.com/archives/236#comment-355 guildrl Tue, 21 Feb 2012 17:15:00 +0000 http://www.all4landlords.com/askit/archives/236#comment-355 Hello Just to confirm, over the weekend I put CPD hours back. Also, I have today posted a replacement certificate. Many thanks Adrian Hello

Just to confirm, over the weekend I put CPD hours back. Also, I have today posted a replacement certificate.

Many thanks

Adrian

]]> Comment on Hotel guest,licencee or tenant? by guildrl http://www.landlordsguild.com/archives/5861#comment-354 guildrl Tue, 21 Feb 2012 17:06:00 +0000 https://www.landlordsguild.com/archives/5861#comment-354 Hello This will depend on the circumstances. If you are letting a dwelling that is within a licensable property, then the tenancy may be excluded from being an assured shorthold tenancy (it just depends on whether the dwelling is within the licensed part). If so, it would be contractual tenancy (also called a common-law tenancy). However, are you going to run it as a hotel? If it is genuinely going to be a hotel, then it is completely different and they will simply be a hotel guest with no tenancy or licence or anything. It is possible to give somebody a tenancy within a hotel though, it all depends on the circumstances and would need looking at individually. The actual wording for when a tenancy is NOT an assured shorthod tenancy is: Tenancies Which Cannot be Assured Tenancies - Licensed premisesA tenancy under which the dwelling-house consists of or comprises premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises. [para 5 - schedule 1 Housing Act 1988] - http://www.legislation.gov.uk/ukpga/1988/50/schedule/1 Many thanks Adrian Hello

This will depend on the circumstances.

If you are letting a dwelling that is within a licensable property, then the tenancy may be excluded from being an assured shorthold tenancy (it just depends on whether the dwelling is within the licensed part). If so, it would be contractual tenancy (also called a common-law tenancy).

However, are you going to run it as a hotel? If it is genuinely going to be a hotel, then it is completely different and they will simply be a hotel guest with no tenancy or licence or anything. It is possible to give somebody a tenancy within a hotel though, it all depends on the circumstances and would need looking at individually.

The actual wording for when a tenancy is NOT an assured shorthod tenancy is:

Tenancies Which Cannot be Assured Tenancies – Licensed premisesA tenancy under which the dwelling-house consists of or comprises premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises.

[para 5 - schedule 1 Housing Act 1988] - http://www.legislation.gov.uk/ukpga/1988/50/schedule/1

Many thanks

Adrian

]]> Comment on granting a tenancy by Info http://www.landlordsguild.com/archives/5851#comment-353 Info Mon, 20 Feb 2012 15:48:00 +0000 http://www.landlordsguild.com/archives/5851#comment-353 Hello Do you mean in your own property where you live or do you mean in another property and just letting on a room by room basis? Hello

Do you mean in your own property where you live or do you mean in another property and just letting on a room by room basis?

]]> Comment on Guarantor deed and unfair terms by guildrl http://www.landlordsguild.com/archives/5811#comment-352 guildrl Sun, 19 Feb 2012 11:50:00 +0000 http://www.landlordsguild.com/archives/5811#comment-352 Excellent point about getting rid of all arguments. As David states below, do a new tenancy containg new rent and guarantor re-signs at same time for the new tenancy. All problems are sorted with this method. Excellent point about getting rid of all arguments. As David states below, do a new tenancy containg new rent and guarantor re-signs at same time for the new tenancy. All problems are sorted with this method.

]]> Comment on Guarantor deed and unfair terms by David http://www.landlordsguild.com/archives/5811#comment-351 David Sun, 19 Feb 2012 11:45:00 +0000 http://www.landlordsguild.com/archives/5811#comment-351 As another line of thought, I understand that a party cannot be bound to a contract the terms of which they have not had a chance to become aware of. Could this not cause a problem with the Guarantor? After all, take the section 13 notice, if the current rent is £50 per month and the section 13 notice increases this to £1200 (the open market value as decided by the RAC) this has great potential to be unfair and certainly not what the guarantor signed up to. The simple answer, which provides certainty, is to do a guarantor renewal and tenancy renewal at the higher rent. As another line of thought, I understand that a party cannot be bound to a contract the terms of which they have not had a chance to become aware of. Could this not cause a problem with the Guarantor? After all, take the section 13 notice, if the current rent is £50 per month and the section 13 notice increases this to £1200 (the open market value as decided by the RAC) this has great potential to be unfair and certainly not what the guarantor signed up to. The simple answer, which provides certainty, is to do a guarantor renewal and tenancy renewal at the higher rent.

]]> Comment on Debt Collection Service by Launch of all new Debt Collection Service | GRL Landlords Association http://www.landlordsguild.com/debt-collection-service#comment-350 Launch of all new Debt Collection Service | GRL Landlords Association Sun, 19 Feb 2012 11:28:05 +0000 http://www.landlordsguild.com/?page_id=5803#comment-350 [...] Read more about the debt collection service Tweet var disqus_developer = 1; // developer mode is on /* [...] [...] Read more about the debt collection service Tweet var disqus_developer = 1; // developer mode is on /* [...]

]]>