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[Lawcruncher]

The snag I see is that if a notice is invalid and the parties agree the tenancy should end what you effectively have is an agreement to surrender which is only valid if it complies with the Law of Property (Miscellaneous Provisions) Act 1989. Once the tenant has left and the landlord has taken back...

[Lawcruncher]

In Avocet a right to break was only exercisable if all sums due under the lease had been paid. The tenant had paid rent late, but the landlord had never demanded interest. The question was not whether it was reasonable to demand the interest, but whether it was outstanding. It clearly was outstanding...

[Lawcruncher]

I am not sure the law is entirely clear here. My understanding is that accepting a defective notice is not enough. The landlord must additionally have acted on the notice so that he will be prejudiced if the tenant does not leave. Does anyone know a case on the point?...

[Lawcruncher]

1. Is the fixed 10% rate of interest penal?
2. Was it penal when the lease was granted or has it become penal now that interest rates are so much lower?

At any given moment a rate is either penal or it is not. You cannot have a situation where the same rate is penal for one tenant...

[Lawcruncher]

Er...I think that that is exactly what they have voted for....

[Lawcruncher]

Note paragraph 3.05 on this page where it says that the rate of interest on late rent is usually expressed as 4% above base rate.

[Lawcruncher]

Does it apply to rent? The Late Payment of Commercial Debts (Interest) Act 1998 does not, so far as I can see from scanning the Act, specifically include or exclude rent and only refers to goods and services. Is a landlord supplying a service? I did some googling but the only reference I could find...

[Lawcruncher]

I suspect that in connection with the renewal the landlord had a look at the lease and found he could charge interest. It does not make a lot of sense to deliberately delay demanding interest as any tenant is bound to balk at paying a couple of thousand pounds.

[Lawcruncher]

I think we have had this discussion before.

It is certainly worth arguing that the clause covers surveys not carried out in connection with estate management. There is though a counter-argument that if you take "to inspect its condition and state of repair, carry out any necessary...

[Lawcruncher]

On points made by others and generally:

I think there has to come a point where the landlord is deemed to acquiesce if rent has been paid according to a different regime from that set out in the lease.

Whether the rate of interest is considered penal at any given time has to...

[Lawcruncher]

Your first point is one of valuation. How would such a loss of value be quantified and then apportioned?

As to the second, some landlords may have no borrowing at all and others may have agreed a loan at above average rates.The measure of loss has to be universally applicable so that a...

[Lawcruncher]

The proposed works involve both alterations and a change of use. If the lease absolutely prohibits either the landlord is entitled to refuse consent and can therefore demand what ever premium he likes.

If both are permitted with consent then the provsions of subsections (2) and (3) of section...

[Lawcruncher]

Write to the agents saying:

I am not a guarantor for the new tenancy for any one or more of the following reasons:

1. The provision that the guarantee I gave on the first tenancy continues after it ends is an unfair term.

2. The provision refers to the "renewal,...

[Lawcruncher]

The following assumes the tenancy is one to which Part II of the Landlord and Tenant Act 1954 applies.

The Act says that the terms of the tenancy other than rent and duration "shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may...

[Lawcruncher]

When a tenancy is periodic changing the rent payment date does not change the date on which a notice to quit must expire.That is because tenancy periods and rental periods are two distinct things, though ideally they should coincide.

In the case of a statutory periodic tenancy the first...

[Lawcruncher]

No. The change is made on the sale. There is a special form of transfer for a sale of part. The part removed will get a new title number. The retained part keeps its title number and the land removed is shown edged green on the title plan....

[Lawcruncher]

There is no need to do anything. You are not changing the boundary of your land only the position of a typical boundary feature within it. If the property is registered under two different titles the dividing line between the two will not change. There is no need to inform any mortgage lender as their...

[Lawcruncher]

Having accepted quarterly rent payments in this way, can they legally say that I now owe all this interest on arrears going back 14 years, or can they only charge going back 6 years maximum?or maybe not charge at all?

If the landlord agreed a different payment regime from that set out in...

[Lawcruncher]

I agree. Of course if the contract says that it is not valid at all.

If the contract does not say that and she never saw it there is an argument that she is not bound by it - and once again the whole thing collapses because the other three signed on the basis that there would be four tenants....

[Lawcruncher]

As you use the words "broadly speaking" I think I would like to see exactly what the relevant clause says - there may be some devil in the detail.