What Happens at the End of a Fixed Term – To Renew or Not To Renew

Fixed term tenancy In most cases a tenancy will have been granted by a landlord to a tenant for some fixed term. Sometimes this is known as a term certain or initial period but the Housing Act 1988 refers to it as being a fixed term tenancy. It used to be the case...

The Tolerated Trespasser Rides Again!

The Tolerated Trespasser Rides Again! On appeal, Patten LJ found that the Recorder had erred in his analysis of the meeting of 19/5/11. It was not possible at common law to revoke the NTQ, the professionals present at the meeting could not be described as M’s agents...

Deeds Guarantors Witness Signatures Notice to Quit Possession and Double Rent

This is a good case for showing a number of issues relating to granting a tenancy, possession proceedings, notice to quit from a tenant, non payment of rent, witnessing of deeds, and a bit of double rent for good measure. Every single piece of paperwork, from...

Tenant fails to leave after giving VALID notice and double rent

If a tenant gives you a notice to quit, they should leave on the date they have specified in the notice. If they fail to leave on that date without your permission, then it is possible to charge them double the rent that was due before the notice date expired. [s.18...

Is notice from tenant valid?

Just like a landlord when serving any notice must get the form correct and ensure all the dates are correct, so must a tenant. It must be said though that for a tenant, there are fewer requirements on the contents of a notice but nevertheless, the date of a tenants...

Seeking possession based on rent arrears (Rent Act tenancy)

Introduction A Rent Act Tenancy is technically either a “Protected Tenancy” or a “Statutory Tenancy”. Collectively they are known as “Regulated Tenancies” [s18]. As long as it is in existence, a protected tenancy is contractual in...
Minor error on a Notice

Minor error on a Notice

Dudley Metropolitan Borough Council v. Bailey (1990) 22 H.L.R. 424 Abstract: P served a notice seeking possession on D which notice was not in the prescribed form and which alleged that rent was owing, without stating that the arrears were in part made up of arrears...