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Landlord can force sub-tenant to pay rent (if one)
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. s 6 To avoid distress. In cases where the rent of the immediate tenant of the superior landlord is in arrear it shall be lawful for such superior landlord to serve upon any under tenant ...
Verbal (parol) Tenancies
Is it possible to have a verbal tenancy? This is never advisable but yes it is possible 53.- Instruments required to be in writing. (1) Subject to the provision hereinafter contained with respect to the creation of interests in land by parol- (a) no interest in land can be created or disposed of except by writing signed by the person ...
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 possession, amounts to a surrender by operation of law. But the giving and acceptance of ...
Subletting (Assured Shorthold Tenancy)
Termination of head tenancy: effect on assured 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 this rule in relation to assured sub-tenancies lawfully granted by providing that where
Is flat above shop residential or commercial?
Kent Coast Property Investments v Ward 45 E.G. 107 Abstract: Where a demise consisted of a corner shop with accommodation above, and the shop was found to have been occupied for the purposes of a business, the entire demise was subject to the Landlord and Tenant Act 1954 Part II . T was tenant of premises which had the appearance of a corner
Exclusion of Landlord
All assured (and assured shorthold) tenancies grant “exclusive possession" Exclusive possession is the ability on the part of a tenant to exclude all persons, including the landlord, from possession. 2 W.L.R. 877]
Assignment by Tenant and Withhold Consent
Introduction A sub-letting of the whole term operates as an assignment. An assignment is different to a sub-letting because the estate in land is transferred from the first tenant to the new tenant. However, an assignment by a tenant is ineffective to pass the tenant's legal estate to the proposed assignees unless it is made by deed EWCA Civ
Couple win £1bn fight over family business ‘stealth tax’
by ANDREW LEVY - More by this author » Last updated at 20:01pm on 25th July 2007 A couple who run a small business won a legal victory yesterday that could cost the taxman £1billion a year. Information technology consultant Geoff Jones and his wife Diana have fought a six-year court battle to claw back a levy on "dividend"payments. Their ...
A problem for student lettings with the tenancy deposit legislation is that the deposit is often taken by the landlord in January, yet the tenancy often won't commence until between June and September. It seems a shame to have to protect the deposit during this period. Also, many students are the same tenants from the previous year so the ...
Tenant moves to another property, is he still protected by Rent Act?
Goringe v Twinsectra (CC (Staines)) County Court (Staines) 20 April 1994 C.L.Y. 2723 Abstract: T had resided in premises with H under a contractual tenancy since 1960. H became a statutory tenant of the premises, paying a monthly rent to the landlord. T succeeded to the statutory tenancy of the premises on H's death in 1977. In April 1989, T