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[Lawcruncher]

I assume you mean "possibility of the space belonging to the leaseholder".

The key point is this: What a lease says is not just the words set out in the document, but also the words added by section 62 of the Law of Property Act 1925 except to the extent that the lease provides...

[Lawcruncher]

I think the point is this: If a tenant serves an invalid notice to quit and the landlord/agent intends to rely on it being invalid, at what point is the landlord/agent obliged to inform the tenant that the notice is invalid?

Let's take two extremes:

An agent receives an invalid...

[Lawcruncher]

[QUOTE=DPT57;n1093449]I assume that no sensible Agent would want to risk a test case on whether they owe the tenant a duty of care./QUOTE]

In this case the agent has no cause of action. Only the landlord can sue for the rent. The question will be: Does a landlord have an obligation on receipt...

[Lawcruncher]

Several points here:

Absent agreement to the contrary, a notice to quit must end the tenancy at the end of a tenancy period and not a rent period, In the case of a statutory periodic tenancy the tenancy periods will always be known with certainty because the first day of the first period...

[Lawcruncher]

Whilst it does not seem to be relevant here, section 17 HA 1988 may apply in some cases.

[Lawcruncher]

If you want anything other than a straightforward right to break the wording is necessarily going to be verbose. Just to repeat, when it comes to legal drafting the rule of thumb is not to complicate things unnecessarily. The reason for the rule is that once you start to introduce complications you...

[Lawcruncher]

It is certainly the case that provisions aimed at protecting tenants disadvantage a joint tenant who does not wish to remain in occupation after the fixed term expires. It would not be too difficult to remedy the situation without leaving loopholes for landlords to exploit....

[Lawcruncher]

The answer to your question is "yes" but you need some careful.

Apart from the fact that there is a danger of getting the drafting wrong or serving an invalid notice, as suggested in post 2, a fixed term with both landlord and tenant having a right to break does not make a lot...

[Lawcruncher]

Are you the executor?

If you are not the excecutor do you inherit the property?

Do you live in the property?

If you do not, do you intend to move in?

How long was your parent in adverse possession?

What are we talking about here? A bit...

[Lawcruncher]

In my last post:

"However, precisely what the lender can do without consent may depend on the terms of the mortgage."

should read

"However, precisely what the borrower can do without consent may depend on the terms of the mortgage."
...

[Lawcruncher]

There is disagreement and no judicial guidance on how a landlord's right of entry should be exercised. However, there is no doubt that it must be exercised reasonably. The landlord here is not being reasonable and his conduct is in danger of amounting to a breach of his covenant for quiet enjoyment...

[Lawcruncher]

A mortgagee has an interest in the property.which has priority over any later dealings so as to preserve the security. That is why when taking a tenancy or being granted an easement you need to establish whether the property has a mortgage. Anything done without the mortgagee's consent does not bind...

[Lawcruncher]

The deed of variation is binding between you and the landlord. You have no contractual relationship with the landlord's lender. The lender cannot therefore sue if you sublet. All that can happen is if the lender sells the freehold as mortgagee it can sell it free from the deed of variation. Unless and...

[Lawcruncher]

Post your question here: http://swarblaw.co.uk/viewforum.php?...db33d7b393f027

[Lawcruncher]

The car parking is analysed as a contract to park a car. If the terms are clear the price cannot be challenged.

Charging for a breach of contract is a penalty if the charge exceeds the actual loss.

Letting is a business. Some customers are more difficult than others. You have...

[Lawcruncher]

We have almost got to the stage where a conveyancer is negligent if he lets a client buy a leasehold flat without lots of dire warnings. Even if the lease is satisfactory, you have the problem of landlords and managing agents who do their best to extract as much cash as they can from tenants. Even if...

[Lawcruncher]

To quote from memory Lady Hale in the bank charges case: The law allows a person to make an unwise choice but not an uninformed one.

The law does not just protect tenants and lodgers it protects everyone. The law which protects tenants and lodgers protects you and your friend when you...

[Lawcruncher]

I agree with jpkeates that the circumstances are such that, whatever the contract may say about assignment, the OP has impliedly accepted an assigment of the contract to the new agent and that the terms of the contract have not changed.

I do not though think I can agree that one month's...

[Lawcruncher]

It is always a risk bidding for a property at auction without legal advice. As I said in another thread:

There are three rules if considering buying at auction:

1. Do not bid without having had the position investigated by a conveyancer.
2. Remember rule 1.
3. Do...

[Lawcruncher]

If all you describe are fixtures they are fixtures you are entitled to remove them before the tenancy ends. If they are not fixtures you can remove them anyway - in practice you need to remove them before the tenancy ends if the landlord does not want to buy them.