Tenant has signed a tenancy agreement with the Landlord who has also signed the Agreement.
There are various problems, one being that the Tenant has been granted an unlimited term.
Tenant has paid £550 deposit but never entered the Property although there is a signed Agreement.
Two main questions;
1) Can the Tenant enter the property without the Landlords permission given that the Tenancy Agreement has been signed and deposit paid?
2) Can the Tenant sue the Landlord for 3 times the amount of the deposit in 30 days time on the basis that the money wont have been returned or protected, despite never entering the Property?
1 Comment
It’s not possible to grant a tenancy forever and a tenancy “for life” is actually a fixed term of 99 years.
The tenant can enter because from what’s described they do have permission to enter (by way of a tenancy agreement). Therefore it’s not a case of whether the landlord gives permission or not – the landlord already has.
Yes, the penalty of up to 3 x deposit could be payable if it’s not been protected within 30 days. There isn’t even a requirement for a tenancy for the penalty to apply. The requirements of deposit protection are simply if a deposit has been received “in connection” with a tenancy.