by guildy | 10 Jan 2019 | Possession, Tenants Notice to Quit, Unlawful Eviction
What rights do landlords have when a tenant appears to have left a buy to let home before the tenancy agreement has ended? Moving out early creates a tricky situation for landlords who must decide if the tenant has abandoned the property or surrendered the tenancy...
by guildy | 28 Feb 2014 | Granting a Tenancy
This entry is part 19 of 20 in the series Granting an Assured Shorthold TenancyFixed 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...
by guildy | 19 May 2013 | Linked post, Local Authority Duties, Possession, Tenants Notice to Quit
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...
by guildy | 18 Dec 2012 | Granting a Tenancy, Guarantor, Guild Services, Possession, Post Tenancy, Tenants Notice to Quit
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...
by 1476 | 5 Oct 2012 | Members Questions
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by guildy | 6 Aug 2011 | Council Tax, News, Publicly Visible
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...
by guildy | 10 Sep 2010 | Granting a Tenancy, News, Publicly Visible, Rent, Tenancy Deposit
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...
by guildy | 1 Jun 2010 | Possession, Tenants Notice to Quit
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...
by guildy | 23 Mar 2010 | Possession, Tenants Notice to Quit
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...
by guildy | 21 Feb 2010 | Possession, Publicly Visible, Tenants Notice 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...
by guildy | 23 Nov 2009 | Possession, Tenants Notice to Quit
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...
by guildy | 23 Nov 2009 | Possession, Tenants Notice to Quit
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...
by guildy | 23 Nov 2009 | Possession, Tenants Notice to Quit
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...
by guildy | 23 Nov 2009 | Possession, Tenants Notice to Quit
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...
by guildy | 23 Sep 2009 | Possession
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...