Is it an AST?

[Lawcruncher]

It would help if we can see the guarantee in full - names and addresses can be omitted.

[Lawcruncher]

In most cases the question of whether an arrangement is a tenancy or licence can be answered by establishing whether the occupier has actual exclusive possession. Whilst any written agreement purporting to be a licence is not totally ignored, the court will ask what the real intention of the parties...

[Lawcruncher]

"Within 28 days of any assignment charge underlease or sub-underlease or any transmission or other devolution relating to the Premises to produce for registration with the Landlords solicitors and separately the Management Company such deed or document or a certified copy of it and to pay the Landlords...

[Lawcruncher]

It depends on what the leases say about repairing the area in question and who pays for it.

[Lawcruncher]

A good point.

If you are a landlord who has not protected the deposit and wants vacant possession are you going to argue that the tenancy is not an AST?

It is a bit of a mystery why deposit protection does not extend to all assured tenancies, not to mention licences. Restricting...

[Lawcruncher]

The question is though whether it is an assured shorthold tenancy....

[Lawcruncher]

The interesting point is that the Act refers to "a provision to the effect that the tenancy is not an assured shorthold tenancy" rather than providing that you have to say precisely that the tenancy is not an assured shorthold tenancy.

[Lawcruncher]

The HA 1988 says that "An assured tenancy which contains a provision to the effect that the tenancy is not an assured shorthold tenancy" cannot be an assured shorthold tenancy. An assured shorthold tenancy is a tenancy. A statement that something is not a tenancy must be taken to exclude the...

[Lawcruncher]

"Apparently we're happiest when it's 23.5C"

The Daily Mail says so so it has to be true: https://www.dailymail.co.uk/news/art...C-weekend.html

Where I live we think about wrapping up when the temperature drops below...

[Lawcruncher]

That is certainly keeping it simple.



Yes.



Yes. I did say:...

[Lawcruncher]

Not necessarily....

[Lawcruncher]

A surrender is a clean break - it brings the lease and all future liability to an end. Obviously from the tenant's tenant's point of view there is no point surrendering if he is going to have to pay a sum equal to the rent he would have paid if he had stayed. You can though ask for a premium and the...

[Lawcruncher]

We need more information before we can say whether the arrangement is a licence or a tenancy. What does the agreement say? Were you occupying a room or a flat/house? Does the landlord supply food or any services?...

[Lawcruncher]

A quick Google suggests that opinion is divided on whether you can mop laminate floors.

[Lawcruncher]

Under the common law the now abolished right to levy distress only applied to rent. Accordingly, some leases provided for sums payable other than the ground or rack rent to be reserved as rent. Many years ago when the Rent Acts were widely applicable there was a view that interest reserved as rent amounted...

[Lawcruncher]

I agree you cannot go any further without finding the lease.

So do you have a problem?

The bottom line is that you are not going to lose the property. If the enlargement is unwound you will get back the lease. The maximum back rent recoverable is 6 shillings and after that...

[Lawcruncher]

That makes the practicality a bit trickier. However, you can still make the point that the wall and fence are on your land, belong to you and can be removed by you. The ideal resolution is for the neighbour to buy the land. Hopefully the possibility that all the work he has paid for could be undone...

[Lawcruncher]

If the last tenancy agreement to be signed did not mention a check out fee then you do not have to pay one.

[Lawcruncher]

How far does the wall encroach into your land?

[Lawcruncher]

What is the wording of the qualification on the register?