Questions tagged [landlord]
For questions about a landlord's duties and responsibilities, within the capacity of a tenant-landlord relationship.
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Do both tenants and relevant persons under S213(10) each have independent claims under S214 HA2004?
Timothy is renting a property from Lawrence, but the tenancy deposit is paid to Lawrence by Timothy's uncle, Richard. Lawrence is required under S213, Housing Act 2004, to lodge it into an authorised ...
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How are damages for landlord harassment calculated?
Apparently there are various bases for establishing landlord harassment. Section 28’s method in the housing act 1988 applies where it has caused the occupier to give up occupation. But what if it hasn’...
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What kind of compensatory damages are available in a class action lawsuit (landlord/tenant)
The scenario: A landlord holding multiple rental properties/apartments has been found in a class action lawsuit to have been illegally overcharging renters for X amount of money per month each over a ...
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Is a judge required to explain his ruling?
A friend of mine was recently in Special Civil court where the Defendant submitted a 25 page motion to dismiss the case.
The judge read the motion (to himself, quietly) and announced that he does not ...
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Does the English rule apply to costs in possession claims?
In case a claimant triumphs in a possession claim, they are entitled to seek a costs order against the defendant.
But suppose that the claim is instead struck out, while the defendant triumphs, but ...
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When to File a Motion to Compel Arbitration in a LT Trial?
In a landlord tenant case in NJ, should one file a Motion to compel arbitration before the case is heard or should one wait to make that argument orally in front of the judge?
If it is ideal to submit ...
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Can a Defendant Insist on Cross Examining the Plaintiff Directly in a LT Trial?
This question relates to a landlord tenant trial in NJ in which the landlord ("Plaintiff") is being represented by an attorney.
The Defendant wishes to cross examine the Plaintiff directly ...
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Is an Arbitraton Agreement Binding During a Month to Month Tennacy in NJ? [closed]
Suppose that a tenant, T, has been renting an apartment for several years in NJ. The initial term of the lease was for 1 year and then converted into a month to month tenancy after the first year.
The ...
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Is an Arbitration Agreement Binding on a New Owner?
Suppose that a tenant, T, has been renting the basement of a two unit home for several years in NJ. The initial term of the lease was for 1 year and then converted into a month to month tenancy after ...
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Are there limitations to construction a landlord can do during working hours?
New York State.
If a tenant works from home, are there any limitations on construction being done on the adjacent apartments during working hours which create a very difficult working environment?
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What changes in the legal standing of trespassers after they have been in a building for more than 28 days?
What changes in the legal position between trespassing occupiers claiming squatters rights who have been in occupation for less than 28 days and those who have for more than 28 days?
How do the ...
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Can my landlord change the fees agreed upon in my original lease?
My current lease has one price for pet fees. This is different (lower) than what is advertised on my rental unit's website. My landlord wants me to pay the higher price and won't agree to an addendum ...
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Does paying damages waive my right to sue?
I recently moved out of an apartment. The landlord has failed to give me a list of the actual costs mentioned here in state law which should make them liable for triple the deposit in damages. I see ...
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Apartment maintenance time limit in California
I just moved into a 2bedroom 2bath apartment in San Francisco California. Upon moving in I found out the shower in one of the bathrooms never gets hot water. I immediately connacted the landlord who ...
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What happens if lease is signed but landlord doesnt want me, do I still have to pay the realtor fee?
I live in Dumont, NJ. I'm about to sign a lease with a landlord and I also have Section 8. I haven't moved in yet; To finalize the rent payment to the landlord, there must be a HAP contract signed by ...
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Landlords rights to notified yet unpermitted access
Is this a legal/enforceable term in England? (Landlords rights to notified yet unpermitted access)
Tenant (assume residential tenan(t/cy)) agrees... "To permit the landlord or his agent or ...
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Am I responsible for paying the full rent right away before actually viewing the apartment?
I am an international student moving to the UK very soon. I just signed a contract for an apartment (APT1), which requires me to complete the entire payment (for 51 weeks).
The date I signed the ...
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Tip of my tongue... What official source states that the government would like landlords not to view tenants merely as objects to extract money from?
I was recently reading some legislative document which stated in its preface/abstract/introduction/explanatory note that it envisions an England wherein it would like landlords to take their ...
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From whence does arise the idea that how to rent in England ought to be served *at the start of the tenancy*?
Gov.uk's preface to the web version of the guide states that the LL or LA should give the current copy of this guide to the tenant "when a new AST starts."
Yet the enabling provisions seem ...
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Can the landlord of an AST restrict the tenant from having house guests or even house sitters?
I suppose that the distinction between a guest and a house sitter might be that one remains while the tenant is gone while the other would stay to visit the tenant themselves.
But as an AST ...
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"Perceptive" eviction or unwitting landlord maltreatment of an unpermitted subtenant
Alice rents a property from Bob, under a lease which prohibits her from subletting sharing or reassigning it to any third parties without prior express written permission, permission which shall not ...
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By what provisions is a s21 notice invalid without service of prerequisite other materials and when we're they introduced?
By what provisions is a s21 notice invalid without service of prerequisite other materials and when we're they introduced?
Section 21 housing act 1988 provides for landlords in England to seek no ...
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What are the effective differences between an assured tenancy and an assured shorthold tenancy?
The Housing Act 1988 makes provisions for landlords to issue tenants notice - either before or during their tenancies - to declare that the tenancy is not to be an assured shorthold but rather merely ...
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In Berrisford v Mexfield [2011], what does Lord Neuberger mean by 'a fetter of uncertain duration on the right to serve a notice to quit'?
I quote Lord Neuberger in Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 52. I grok fetter in layman terms, but this legalese noun phrase is packed with too many nouns!
In ...
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Tenancies and the GDPR
If Tim the tenant and Larry the landlord enter into a tenancy, then do either of them become a data controller of the others name and address? Does the landlord as the "provider" of the ...
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What are valid means of serving statutorily required tenancy information?
A landlord can't give their tenant a valid section 21 notice if the landlord has not previously provided the tenant with written information about the deposit and the scheme, the gas safety ...
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Do automatically generated notifications from deposit protection schemes' own computer systems adequately fulfill landlords statutory obligations?
Note: please provide citations on the issue to substantiate any answers.
Under the housing act 2004 the landlord must furnish the tenant with information about their deposits protection within 30 days....
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Must a deposit be reprotected for each successive tenancy, even if both the tenant and property remain the same?
Suppose Tim the tenant signs a 1yr fixed term AST with Larry the landlord. Tim pays Larry a deposit, which he protects. At the end of the fixed term Larry and Tim elect to sign another fixed term of ...
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Landlord decided to do work after informing me the room was not supposed to be rent
My landlord informed me that my room cannot be let anymore because it is too small and he might get a fine from Barnet Council. He also told me to either move out or let him in to do building work in ...
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What is the landlords recourse for a tenant that doesn't leave after an expired notice to quit?
For most more common scenarios, there are clearer prescribed judicial procedures with defined fees etc. A solicitor advised me today that an expired notice to quit may be dealt with as a section 8 ...
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Is there any lawful reason for a prospective landlord in Scotland to inquire of a potential tenant's nationality?
There's not more to this question than is in the title, unfortunately. As there is currently no right to rent procedure outside of England and Wales, does such a question but reek of unlawful landlord ...
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What is a landlords obligation and method of informing local authorities of a new tenant's occupancy?
What is the channel or method by which landlords communicate of a new tenants residence in a property to a council? And are they required to do this?
Bonus points for the same thing but about ...
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Commercial Landlord blocking tenant from painting the walls
Posting for a friend...
There is a commercial property with a restaurant "we" lease. "We" have a vague 1-page commercial lease (no really!). There is a "no modification to ...
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Does the concept of a lodger or anything similar exist in US or Florida law?
In some jurisdictions one who rents a room in a landlord's own residence is considered less than a tenant and doesn't receive the same protections against illegal eviction, etc.
It seems that this ...
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What are the process and notice periods for no fault evictions in FL, and does it matter whether one is renting only a room in the landlords house?
Suppose Alice rents a room from Bob in Bob's house where he lives, and they sign a tenancy contract.
Suppose after some time, Bob wants Alice out. How can he go about achieving this, and how much ...
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When would proposed provisions of cancelling no fault evictions possibly come into effect?
See the following article which refers to a white paper.
https://www.bbc.co.uk/news/uk-61817249
Landlords are to be prevented from evicting tenants in England without giving a reason, under proposals ...
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What constitutes "accepting" rent payments to effectively resurrect a terminated AST?
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 ...
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Can a landlord ever claim court fee costs from a difficult tenant associated with judicial proceedings related to seeking eviction orders?
Suppose Theodore the statutory periodic assured tenant is served with a Notice under s.21, Housing Act 1988 by Larry his landlord and then stays until Larry applies to a court for a possession order ...
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"Settling" out of court rather than pressing for possession hearings in an assured statutory periodic tenancy
Alice rents a house to Bob under an assured Shorthold Tenancy and the fixed term expires. Alice now wants Bob out, so she must serve him a s21 notice of two months Bob has an option to not leave ...
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Landlord charging fee for pets we don't have
We are moving out of an apartment in Cheney Washington and our landlord is charging us a fee for having pets, but we have never had a pet of any kind in the apartment. Is that legal?
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Where in statute are the grounds of section 8 eviction notices spelled out?
I'd like to find the original statutory source for all of the respective parameters of different section 8 eviction grounds, for assured shorthold tenancies in England & Wales.
I read section 8 of ...
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In "he said"/ "she said" discrepancies, how must a landlord prove timely valid service of eviction notices?
Suppose Larry the landlord applied to court for possession order and presents a back dated copy of section 21 notice from 65 days ago.
The court serves notice of hearing to the property and tenant ...
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Is landlord entitled to show residential rental property to prospective buyers?
Alice rents a house from Bob and she lives there. Bob wishes to sell the house and gets serial interested prospective buyers, none of whose offers he wishes to accept. As a result he basically ...
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Can I legally take liability from a previous tenant? What are the limitations of this?
I have a question regarding tenancy laws in the UK.
I took over the tenancy for the place that my dad was living in as I needed somewhere to go in an emergency. I didn't have a deposit so my dad told ...
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landlord refusing to fix incorrect electric wiring
I live in a house in Michigan that was turned into 6 apartments. My apartment is the main door on the main floor. it has recently come to my attention that the hallways and part of the house that is ...
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Lease signed but not returned, is it binding?
I have had annual lease renewed for over several years. This year I was sent a lease agreement that I signed. The agreement had two copies. I sent back both copies. I did not receive/do not have the ...
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Expired Rental Lease & Addendum Determination
A Landlord had a tenant in her Florida condo with a lease expiring on 2/28/22. The Landlord was 88 and in her final stage of life. Death occured on 3/17/22. Landlord was not able or willing to sign ...
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How many days do you have to live somewhere in Texas before you have residency in a home?
A woman has to move in with her parents because she fears becoming homeless while her husband is on probation for a felony DWI. Over 4 years of probation while living there the parents become ...
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Is it possible for a lone claimant to obtain an RRO under HAPA 2016 for being let an unlicensed HMO without the involvement of other housemates?
A friend has been in touch with an advice service who have said that it isn’t recommended to apply to court for a Housing-and-Planning-Act-2016 Rent Repayment Order for living in an unlicensed Home-in-...
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Can I sue my landlord if my landlord lied about which tenant they caught smoking?
Long story short, I’ve been fighting with my landlord because my neighbor has been smoking all day and in all hours of the night (2-6 am). We share ventilation so when they smoke all their smoke comes ...
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