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[Lawcruncher]

If the terms of a fixed term tenancy require payment of the first and last months' rent on commencement the tenant knows with precision the periods for which the rent is payable....

[Lawcruncher]

Pretty pointless as if you write and ask for more fees you have effectively acknowledged receipt.



So the tenant declines to pay you money he has no obligation to pay and by way of revenge you decline to comply with your obligations....

[Lawcruncher]

In response to post 21 I am not sure that not knowing when the last month is has any relevance when it comes to deposits. The essential point is that if money is handed over and the tenant does not expect to get it back and the draftsman has not slipped up by trying to be too clever it cannot be a ...

[Lawcruncher]

I know what you mean, but you have to be careful not to word it like that or the deposit cannot be used to cover unpaid rent at all!

Provisions whose aim is to prevent the tenant from not paying the last instalment of rent serve no useful purpose. The best they can do is to remind the tenant...

[Lawcruncher]

The way to deal with cases where the lease says to pay a reasonable fee not less than £x is send £x. If the solicitor comes back and says his standard fee is £y where y is greater than x, you write back and say that you consider £x to be more than reasonable for the simple task of registering your...

[Lawcruncher]

The flaw with that argument is that the tenant can tell the landlord to take the penultimate month's rent from the deposit....

[Lawcruncher]

Section 21(7) was not in the HA 1988 as it first appeared. When the Act was passed it was a requirement that the term on the grant of a first shorthold tenancy had to be for a minimum of six months. When it was found that too many landlords/agents were unintentionally failing to comply with that requirement...

[Lawcruncher]

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I wish I could.What you have is the equivalent of: The rent is payable monthly except actually it is payable all in one go. If I were still doing conveyancing I would describe the drafting as not entirely satisfactory, but since I am not I will say that it is an abomination which cries...

[Lawcruncher]

(a) Yes - subject to my observation below.

(b) No - subject to my observation below.

(c) The sole purpose of section 21(7) is to define the phrase "replacement tenancy" as used in the rest of the section 21. It is section 5 which sets out when a statutory periodic...

[Lawcruncher]

If

(a) you and your brother both wish to give your shares in the property to your respective wives so that they each hold half of the property as tenants-in-common; and

(b) you and your brother wish to continue to be the registered proprietors at the Land Registry,
...

[Lawcruncher]

Are we not though talking about a fixed term where the last month is known?

Ignoring deposit protection, the parties are free to negotiate when what rent is payable when for any period. What you can have includes:

· Rent payable by equal instalments in advance - pretty much...

[Lawcruncher]

If the law affords someone protection you run the risk of coming a cropper if you try to get round the law. I think it is established that for the purpose of deposit protection a deposit is something which the tenant expects to get back if he complies with the tenancy terms. Accordingly, any sum tendered...

[Lawcruncher]

Without seeing the contract, I think it has to be implicit that the service provider can only be reimbursed the cost they incurred for the part. Write and ask for proof they paid £45.

[Lawcruncher]

There are two ways in which the OP can be bound:

One is that the OP did not attend the auction room personally, but submitted a bid which was not bettered in the auction room. In that case the contract was made on the fall of the hammer. A sale by public auction is one of the exceptions...

[Lawcruncher]

The landlady's action can be considered from different angles, but the recording angel won't be noting it as an act of charity.

[Lawcruncher]

"We purchased a property under auction conditions"

"We hadn't exchanged contracts or got very far"

The two above statements are incompatible. Please confirm exactly what happened. Did you sign anything?...

[Lawcruncher]

They may not "need" payment. It depends on what the lease says. There are three possibiities:

· The lease says nothing about making alterations or additions or. if it does, the changes you propose are not covered. In that case you can go ahead without asking the landlord....

[Lawcruncher]

I think the problem is not so much that, but that if the occupying tenant's circumstances change and he needs state benefits he may be denied them on the basis that the non-occupying tenant can afford the rent. Whilst the non-occupying tenant will remain liable a source for paying the rent is cut off...

[Lawcruncher]

It is a general principle that if a tenancy which has the benefit of statutory protection is purportedly replaced by an arrangement (whether tenancy or licence) which removes the protection, the protection will not be lost and the previous arrangement restored - or more precisely found never to have...

[Lawcruncher]

There is no legal impediment to an agreement for a tenancy being subject to a condition that the tenant is in full time employment on a specified date. However, it is important that it is the agreement which is expressed to be conditional and not the tenancy.

If the tenant goes in and pays...