S21 served for end of tenancy but would like to end tenancy earlier

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    #16
    Originally posted by Paul_f View Post
    You are a solicitor or even barrister I suspect!

    Or I could be an odd barrister (as opposed to an "even" barrister).

    Or perhaps none of the above...... like a secret agent
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      #17
      Originally posted by agent46 View Post
      Or I could be an odd barrister (as opposed to an "even" barrister).

      Or perhaps none of the above...... like a secret agent
      Nun of the Above? Is that like a Mother Superior? Or is that mother a Lake Superior?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #18
        [QUOTE/] ..... this months rent is 8 days overdue and I have written to him again. As yet no response has been received.

        Other than the rent (which is obviously a big issue!) he has been a good tenant and the property is being kept clean & tidy.[/QUOTE]


        Please let me have your tenant when he leaves!!

        Why would you want to go to the hassle of evicting this tenant who is not in arrears for more than 1 month and risk getting one who could cause you more grief? Alternatively, do you have a late payment clause in the contract (eg £10 per day for late rent), in which case you could threaten to enforce that?

        I personally would keep them unless rent falls seriously behind, but maybe that's just because my expectation levels are lower!
        Regards
        ATD

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          #19
          Originally posted by Attention to detal View Post
          Do you have a late payment clause in the contract (eg £10 per day for late rent), in which case you could threaten to enforce that?
          I'm not sure that a penalty clause like this would be legally enforceable at all.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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            #20
            Originally posted by jeffrey View Post
            I'm not sure that a penalty clause like this would be legally enforceable at all.
            I agree. It is almost certainly unenforceable, either at common law, or (deep breath) under UTCCR 1999.
            Health Warning


            I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

            All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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              #21
              Originally posted by Paul_f View Post
              Here I go again! A break clause unless specifically negotiated before the commencement of the tenancy shall have no effect (on the tenantr's rights to continue to the end of the fixed term) if contained within the main body of text and the tenant was unaware of its implications; it's a potential unfair term. The tenant could dig in his heels and ignore any S.21 Notice the landlord served to terminate before the end of the fixed term.
              Since a break clause is potentially beneficial to both agreeing parties, how can it ever be construed as an unfair term. I know you said potentially but I would suppose that most things in life are potentially unfair. I wanted blond hair and got brown for crap's sake.
              ASSUME NOTHING - QUESTION EVERYTHING!

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                #22
                Originally posted by Paragon View Post
                Since a break clause is potentially beneficial to both agreeing parties, how can it ever be construed as an unfair term. I know you said potentially but I would suppose that most things in life are potentially unfair. I wanted blond hair and got brown for crap's sake.
                Break clause operable by either party is probably OK. Penalty clause operable by L is probably not.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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                  #23
                  Originally posted by jeffrey View Post
                  Break clause operable by either party is probably OK. .
                  Yes, that's what I'd said at point (a) of post #11 in this thread: http://www.landlordzone.co.uk/forums...9&postcount=11
                  Health Warning


                  I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                  All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                  Comment


                    #24
                    Originally posted by agent46 View Post
                    Yes, that's what I'd said at point (a) of post #11 in this thread: http://www.landlordzone.co.uk/forums...9&postcount=11
                    OK. If we both think so, it must be right! I was simply replying to Paragon's question in post #21 here.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #25
                      Originally posted by jeffrey View Post
                      OK. If we both think so, it must be right! I was simply replying to Paragon's question in post #21 here.
                      Is it...

                      "Great minds think alike"

                      or

                      "Fools seldom differ"


                      Health Warning


                      I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                      All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                      Comment

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