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[Lawcruncher]

The lease says: "...and to pay them the fee of £25 (or such higher fee as the Lessor shall deem requisite)". That gives the tenant a choice: he either pays (a) £25 or (b) such higher fee as the Lessor shall deem requisite. What the drafstman meant was: "...and to pay them the fee of...

[Lawcruncher]

It is. That is what a periodic tenancy is. Leaving aside the terms of the current tenancy, I cannot see that that gets you a lot further forward and so far as notice is concerned is a step backwards as currently the tenant has to give a quarter's notice.

Whether better terms are advisable...

[Lawcruncher]

Section 16 HA 1988:

It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute....

[Lawcruncher]

Ignoring statutory intervention, what the landlord can do depends on the terms on which the deposit is held. Terms which say that the landlord cannot draw on the deposit without the tenant's consent would effectively make the deposit useless as a security.

If a deposit is protected then...

[Lawcruncher]

The tenant will have the protection of Part II of the Landlord and Tenant Act 1954. There are quite a few guides online which explain what that entails. Here are three:

https://www.fsp-law.com/security-of-tenure/

https://www.bristows.com/news-and-pu.../articles/part...

[Lawcruncher]

The SPT takes effect immediately on the coming to an end of the fixed term tenancy. Anything happening after the tenancy ends can have no relevance. The thrust of section 5 is that security of tenure depends on what the position is at the very last moment of the fixed term tenancy, not at the very first...

[Lawcruncher]

It may cover the proposal, but one cannot be sure because the tenant is required to start paying rent before the six months' rent has "run out". At that point the tenant is always two months in hand. If the tenant leaves before the fixed term ends he will be due some rent back if he has paid...

[Lawcruncher]

I have only read summaries of the cases relating to the registration gap and so do not know the reasoning behind the decisions. However, the provisions of sections 23 and 24 of the LRA 2002 would seem to allow the creation of a lease in the registration gap.

[Lawcruncher]

I agree with those who suggest that the rent payment plan risks a deposit being held to arise arise somehwere along the line. Considering you will be getting 12 months' rent up front and a deposit do you really need more?

You need to make sure the tenancy agreement is drafted to avoid the...

[Lawcruncher]

To get to the essence of section 5(2) we can strip out the "otherwise than" and "subject to" parts and get:

"If an assured tenancy which is a fixed term tenancy comes to an end then the tenant shall be entitled to remain in possession of the dwelling-house let under...

[Lawcruncher]

When a word or phrase is defined for the purpose of a particular statute the defintion applies only to that statute. The definition for the LRA 1967 homes in on what the building looks like. I hesitate to offer an opinion on anything to do with VAT, but I doubt that whether a property is deemed commercial...

[Lawcruncher]

Greedy management companies cannot claim a fee here as the lease provides for notice to be given to landlord and/or landlord's solicitors as the case requires....

[Lawcruncher]

Clause c) is amateurish drafting while clause d) is more professional. Presumably clause c) was added because someone thought it would achieve something useful. Whilst it achieves nothing so far as I can see, the two clauses are not incompatible.

Clause c) requires notice to be given to...

[Lawcruncher]

"Commercial lease" is not a term or art and can refer to different things - see post 9 in this thread: https://forums.landlordzone.co.uk/fo...house-1967-act

Whether section 11 of the Landlord...

[Lawcruncher]

jpkeates,

I agree that section 45(3) applies to section 5. The application is quite specific - it only homes in on the words "landlord" and "tenant". Each time you see the word "tenant" you read "all the persons who jointly constitute the tenant"....

[Lawcruncher]

It is both - assuming "check up on the tenant" means "check the tenant is complying with the terms of the tenancy"....

[Lawcruncher]

AARRGGHH!!! How did I miss that?

Thanks for pointing the error out.

Moderator: Please correct it....

[Lawcruncher]

It is not so much that section 1(1) applies to section 5(2), but that if we want to know what section 5(2) means we need to know what an assured tenancy is which we can discover by looking at section 1(1). We can rewrite the start of section 5(2) by replacing “...an assured tenancy...“...

[Lawcruncher]

Agreed.



The above should have read:

Whilst it does not spell it out in so many words the Act provides that when a fixed term assured tenancy ends by effluxion of time it must be followed by another tenancy: either one granted before the fixed term ends or a statutory...

[Lawcruncher]

I agree I did not emphasise that the tenant needs to occupy as his only as only or principal home, but if I go back and put that in where strictly required it will not make any difference to my argument.



The tenants have a choice about whether they exercise their entitlement,...