personal agreement between landlord and tenant
I have an agreeable tenant who will work with me. I have passed the two months whereby I give to her the notice to quit.I understand there is now 4 weeks when she can give to me notice to quit.My enquiry is about the "personal agreement between landlord and tenant" that is mentioned in a notice form.How does one present this personal agreement. Do I write out something that states we have a personal agreement for her to leave- say in three weeks- and she signs it?
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You and your tenant can have any notice you like signed, sealed and agreed between the pair of you, however if such an agreement reduces your tenant's legal rights then it cannot be enforced by a court.
P.P.Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. -
1. There is now no such thing as "sealed" (except for Company seals).Originally posted by P.Pilcher View Post
2. If T agrees a variation in contract, that CAN be enforced in certain cases- but not if:
a. L would be ending AST within its first six months on s.21 procedure; or
b. variation is an Agreement to Surrender- which is unenforceable, although an immediate Surrender is.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
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Please read carefully what our Jeffrey has to say: I only go from common sense and remember what I say below. Our Jeffrey has years of legal experience, swotting and exam taking behind him!
P.P.Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.Comment
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immediate surrender
Thank you.
Is "an immediate surrender" established by, say, a letter from the tenant declaring their wish to vacate right away?Comment
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Yes, except that - if T fails to vacate - L cannot enforce it (unless it is executed as a Deed); simple Agreement to Surrender is unsupported by 'consideration' [see my CONV. FORUM thread re 'Contract Law- basics'.Originally posted by vipfae View PostJEFFREY 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
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