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...One of joint tenants giving notice.
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Who has the Material Interest?
IMPORTANT: This case has been overruled by CT v Horsham District Council (HB) [2013] UKUT 617 (AAC). However, if you are using our tenancy agreements (since June 2013) then, the tenant will be liable for council tax in certain cases even when they are not occupying...
AST Threshold to Increase £100k
What’s changing? From 1st October 2010, the rent threshold for when a tenancy is an assured or assured shorthold will be increased from £25,000 to £100,000. The legislation making this change is here. From 1 December 2011, the same increase takes effect in Wales...Notice of Surrender
Introduction Where a tenant wishes to leave during a fixed term, or simply vacates without notice, this is an offer to surrender. A landlord may accept such a surrender or refuse to accept (see this article for much more detail). In the case that the landlord is...Saving Formulas in Notices
Garden Court Chambers has reported a recent Court of Appeal decision that further confirms the use of “saving formulas” in section 21 notices, Elias v Spencer [2010] EWCA Civ 246 What is a saving formula? When a notice is served during an assured shorthold...
Notices to Quit
Once again, thanks to the Painsmith Solicitor Blog for this article, original article here A recent Court of Appeal decision sheds light on issues relating to Notices to Quit by tenants. In Bradford Community Housing Ltd v Hussain & Kauser the Court of Appeal...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...
Suggested response where tenant gives notice to quit during fixed term
The below response was a genuine letter provided by the Guild for one of our members. It had the effect at the time that the tenant withdrew the notice and continued to occupy the property. It is geared towards a non assured shorthold tenancy, however the principle is...One of joint tenants give notice without others consent
Introduction In this article we consider a notice to quit given by one tenant when there are joint tenants. Does a notice from one end the tenancy for all tenants? What if one of the joint tenants fails to leave? Short notice or exercising break clause during fixed...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
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...
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