1

If a landlord does not qualify that rent payments received are being accepted as mesne profits then they have resurrected the tenancy.

But these days most rent payments are performed by faster payments transfers, requiring no intervention on the part of the landlord to demonstrate agency in "accepting" them.

What then does "accepting" payments entail for the purposes of legally resurrecting an AST?

Does it simply mean receiving without serving notice of treating them as mesne profits in response?

Many people can receive transfers into their accounts without being aware of them for days after the fact, so is there a timeframe within which such declaration must be made to prevent resurrection of the AST/SPT?

7
  • Out of interest, what's the background to all these (often quite technical) landlord-and-tenant-law questions? Jun 17 at 9:16
  • 1
    That's fair. Often curiosity. Someone close to me had a horrific traumatic experience with a lawless landlord since which event I've learned a lot about English housing law. Sometimes I try to advise friends on their housing issues and get stumped... Stuff like that.
    – Joseph P.
    Jun 17 at 10:49
  • Does that satisfy your question? Incidentally what was your thought on wondering about the background, likewise out of interest?
    – Joseph P.
    Jun 17 at 23:36
  • Are you asking why I'm interested why I'm interested in this area of law? If so: I'm a landlord, so I figure it's good for me to know what the rules are. Incidentally, I strongly recommend the Landlord Law Blog for questions like this, as it has a lot of detailed and technical info. I use it as a reference in many of my answers. Jun 18 at 9:51
  • 1
    I'm just nosy :-) Jun 18 at 14:34

0

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.