Proviso for re-entry (...14 days after becoming payable)

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    Proviso for re-entry (...14 days after becoming payable)

    Hi there, I'm a tenant and need some help. I'm a little confused as to part of my tenancy agreement. It's this certain paragraph: Provided the rent or any other instalment or part thereof shall be in arrear for 10 days after the same shall have become over due (whether formally demanded or not) or if the Tenant shall commita breach of this agreement or if the Tenant shall become bankropt or if the property shall be left vacant or unoccupied then in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon and take possession of the Property and of the Furniture and Effects and immediately thereupon the tenancy hereby created shall be determined but without prejudice to any right to action which the Landlord may have to recover all such rent in arrear and damages in respect of any breach of this agreement.
    What does this mean, and is it lawful like they say ?

    Any response would be greatful. Thanks.
    Ben

    #2
    What type of tenancy do you have? An Assured Shorthold Tenancy(AST)? Or assured tenancy? Or what? Not sure it will make a difference, but I only know about ASTs
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      My tenancy is an AST, thanks for any help.
      Ben

      Comment


        #4
        It seems to be like a standard clause in a commercial lease. If so, the clause is correct and yes they can do exactly as stated.

        I would think that the clause would be ineffective if it for a residential AST.

        In any case, this quey appears to be in a wrong section. You should re-post the thread in the correct section.

        Ramnik
        Private advice is available for a fee by sending a private message.

        Comment


          #5
          Proviso for re-entry (...14 days after becoming payable)

          I have this paragraph inserted in my AST and just wondered exactly what it meant in english please?

          If the rent reserved or any part thereof shall be unpaid for fourteen days after becoming payable (whether formally demanded or not) or if any covenant or agreement on the Tenant's part herein contained shall not be performed or observed then in any of the said cases it shall be Lawful for the Landlord at ant time thereafter to re-enter upon the premises or any part thereof in the name of the whole and thereupon this tenancy shall absolutely determine but without prejudice to the right's of the Landlord in respect of any breach of the Tenant's covenants or agreements herein.

          The reason why I ask this is because there has been a dispute with the LL and it has been over 14 days since I paid him. I am on a weekly statutory periodic tenancy now. My LL lives some distance from me and my AST agreement does not contain any contact details for him and he has not protected my deposit either. I obtained his mobile number from a third party.

          Just wondered what my position would be if any, thank you.

          Comment


            #6
            The provision is basically meaningless, because legally the LL must obtain a possession order to evict you - he can't just declare that the tenancy has ended and kick you out because the rent is late etc.

            Does the contract contain an address, in England/Wales, for serving notices?

            Why are you withholding rent?

            Comment


              #7
              No there is no address for serving notices S48 etc. The friend of the LL was demanding rent when it wasn't due and we had a row basically because I could prove I had overpaid. So because we have had this row they won't collect rent and I am trying to sort out another way to pay LL. LL or friend do not have any proof of payments for the past 10 months or a copy of my original AST.

              Comment


                #8
                No rent is due until you are given an address, in England/Wales, for serving notices. It need not be the LL's address. (As soon as you are given the address, any arrears immediately fall due).

                See http://www.legislation.gov.uk/ukpga/1987/31/section/48

                Comment


                  #9
                  Originally posted by westminster View Post
                  No rent is due until you are given an address, in England/Wales, for serving notices. It need not be the LL's address. (As soon as you are given the address, any arrears immediately fall due).

                  See http://www.legislation.gov.uk/ukpga/1987/31/section/48
                  So would that apply if LL gave an address that your could prove beyond doubt that they did not live at?

                  Comment


                    #10
                    As I said, the address for serving notices under s.48 doesn't have to be the landlord's address. It can be any address so long as it's in England/Wales.

                    Comment


                      #11
                      So you can pay the rent but there's just a problem with getting the money to the LL? If so you have little to worry about. The LL has to obtain a possession order to evict you. If you turn up at court and say that you're ready and willing to pay the rent there will be no order against you (in fact judge might even be so annoyed at LL that he orders him to pay your costs).
                      Disclaimer:

                      The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

                      Comment


                        #12
                        Originally posted by westminster View Post
                        As I said, the address for serving notices under s.48 doesn't have to be the landlord's address. It can be any address so long as it's in England/Wales.
                        Thanks Westminster, that just caught my attention as my daughter and her flat mates are trying to give notice on their student house as they have been offered rooms in Halls now, they sent LL a recorded delivery letter and it was not collected from sorting office and returned to them so a couple of the other parents who live nearer went to see the LL at the address on TA, it was another student let so they went to the address on their TA and yes another student let. Was wondering if this means that they don't have address for service? I did a Land Registry search (only £4) and got same address per TA. Does this mean they "don't" have an address to serve Notice to?? LL doesn't answer his phone or texts and no e-mail addy.

                        Comment


                          #13
                          Sorry I thought the address has to mean that LL or A lived/worked there to receive notice as in serve on them personally, I'm probably mistaken or have read it wrong. So in that sense then I could just post the letter to myself and abandon the property then as the LL will get it after I leave?

                          And surely no notice is valid without a protected deposit is i?

                          Comment


                            #14
                            (b) Alternatively, section 48 expressly says "an" address, but the notice gives more than one address, giving also a post office box number in England and Wales, therefore it is not made clear which of the addresses is intended.

                            (c) Alternatively, an "address" can only be a residence or a place of business, because the rules of court preserve a right of personal service.

                            In the County Court rules, CPR rule 6.4(3) says :
                            "A document is served personally on an individual by leaving it with that individual."

                            A notice cannot be served personally at a post office box. It can only be served personally at a person's home or place of business. Accordingly, an address only complies with section 48 if it is a place where the Applicant lives or carries on a business.

                            Comment


                              #15
                              I suggest that you ought to go to your local Law Centre or CAB with your tenancy agreement to get face to face advice. Having said that there must be some sort of address on the agreement for the landlord; I suggest in the meanwhile write to that address and ask the landlord to let you have by letter details of his bank account. Once you have checked that the signature of the landlord on the letter corresponds to that on your agreement pay such rent as you genuinely believe is due and pay straight into the Landlord's account. If paying over the counter, you will obtain a counterfoil receipt, if paying electronically from your account to his you will have evidence on your statement that payment has been made to the specified account.

                              A tenant cannot be evicted on the grounds of rent arrears, in effect, unless there are two months arrears. A tenant can be evicted following service of notice to quit and a possession order irrespective of whether the tenant has been a good or bad payer.

                              I cannot speak for your landlord but most landlords owning investment property want to keep tenants provided they are good payers and there is no ongoing aggro. So your best bet, in my view, is to obtain your landlord's bank details and transfer payments weekly.

                              There are stringent damages in your favour applicable for non registration of a deposit. Tactically I'd keep this up your sleeve for now. If your landlord does decide to go through due process to evict you the judge will take a very dim view indeed of the deposit being unregistered, and may well dismiss the case until the landlord regularises matters. It will then take the landlords a period of time, possibly weeks and weeks to get another hearing date

                              Comment

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