Questions tagged [tenancy-rules]
The tenancy-rules tag has no usage guidance.
78
questions
-1
votes
1
answer
35
views
What is the difference between a 21(1) and a 21(4) notice?
Why are these two distinct subsections and often distinguished in terms of references to the notices themselves? Is each subsection required to be used in different respective contexts?
(References ...
- 8,859
27
votes
7
answers
8k
views
Can diplomats be compelled to pay rent?
It turns out that in New Zealand, diplomats can get away with not paying rent:
In 2018, Eva Tvarozkova, deputy chief of mission for the European
Union (EU) Delegation to New Zealand, skipped out on ...
- 25.5k
-3
votes
1
answer
110
views
Can a limited-days-per-week let confer a tenancy? [closed]
Alice has let a property to Bob but requires it to be available for herself on Saturdays and Sundays. (Or perhaps merely Wednesdays.)
Can Bob in any circumstances then be said to have been granted a ...
- 8,859
-4
votes
1
answer
72
views
Can a written notice of reason for withholding a holding deposit be given electronically?
Bob has gone on a viewing for a property and put down a holding deposit. Most of the communication about the property was with an agent via WhatsApp. However at a certain point he was asked to email ...
- 8,859
1
vote
2
answers
164
views
My lease agreement has a typo that changes the intended meaning
I'm in New York. I share this lease with a roommate who is also on the lease but is leaving a month after I am. Our lease that states "After the initial term of this Agreement, or in case of a ...
- 11
1
vote
1
answer
115
views
What happens to one’s tenancy if one is evicted for a breach of it under section 8, Housing Act 1988?
Suppose Bob enters a 12 month tenancy contract and would then like to move early, suppose after 5 months. Bob would remain liable for the remaining 7 months of rental payments, which liability his ...
- 8,859
-1
votes
1
answer
76
views
Can one be bound by a rental contract even if one finds a replacement to take it over? [closed]
Bob rents a property from Alfred, signs a contract of one year. Perhaps the contract allows Bob to be released early if he is able to find a replacement for himself. Or perhaps the contract explicitly ...
- 8,859
13
votes
3
answers
2k
views
Is there an inherent legal obligation to repay a guarantor?
So as I understand a guarantor is liable to pay rent arrears if the tenant is unable, unwilling, or just doesn't pay.
I am wondering if such an occasion arose and the landlord contacted the guarantor ...
- 1,578
0
votes
2
answers
183
views
Are there any repercussions for my landlord having us sign the wrong lease?
When we moved in to our current house our landlord said our lease would be a year to year lease. We recently found out that they are selling the building and our housing situation isn't concrete ...
- 1
1
vote
0
answers
19
views
Under what rules may money judgments be granted during possession proceedings?
Money awards are regularly granted in the course of possession proceedings, but what rule or rules of law enable and govern this practice?
- 8,859
-1
votes
1
answer
618
views
What happens if an international student doesn’t pay rent and then leaves the country? [closed]
Already moved out of an unhabitable apartment 4 months ago. Can’t really sue or break lease (at least I don’t think) cause I messed up. What happens if I stop paying rent?
Location: PA, USA
Okay, here’...
5
votes
1
answer
351
views
What happens if I move my partner into my AST without consent from the landlord
The title question no doubt has an obvious answer (you could be evicted) but please keep reading, it's a complex situation and I have a few questions that I couldn't sum up easily into one title.
I'm ...
- 173
2
votes
0
answers
80
views
What determines order of precedence in occupation rights?
Meet Alice. Alice lets a house to Bob on a 6 month contract who then sublets it to Charles on a 12 month contract. Alice serves notice to the property addressed to Bob at the end of their term, which ...
1
vote
1
answer
80
views
Is assignment of rental unit occupancy for profit legal and practical in Ontario?
This is in regard to a apartment rental agreement in Ontario, Canada. Because of the recent higher inflation rate, it is likely that if I end my tenancy, the property owner will be able to charge ...
- 119
1
vote
1
answer
206
views
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 ...
- 113
1
vote
1
answer
38
views
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 ...
1
vote
0
answers
69
views
Common law occupation/"co-tenancy" rights trumping lease restrictions on cohabiting or reassigning?
If I'm not mistaken, under s30, Family Law Act 1996 a tenant's spouse or partner implicitly has the same rights to occupy a dwelling let by the tenant themselves and various illegal eviction rulings ...
3
votes
1
answer
75
views
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 ...
1
vote
1
answer
100
views
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 ...
3
votes
1
answer
188
views
What does it mean that I must "immediately reimburse Owner for the cost of any insurance policy Owner obtains for the Apartment"?
On the lease I am considering signing, it says in section 32 D:
Tenant shall immediately reimburse Owner for the cost of any insurance
policy Owner obtains for the Apartment, including but not ...
- 131
2
votes
1
answer
50
views
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....
1
vote
1
answer
57
views
What is the process and deadline whereby penalties may be sought from landlords For breaches of deposit protection obligations?
Suppose one paid a deposit and did not receive prescribed information confirming its protection within 30 days but only more than 8 months later. The landlord should be liable for 1-3x the deposit ...
1
vote
0
answers
46
views
Is (at least) 28 days and a sheriff court order always required to evict a Scottish common law tenant?
The one guaranteed condition is that the tenant does not live with their landlord. Regardless of what the tenancy agreement says, is a court order always required to evict such a common law tenant?
2
votes
2
answers
85
views
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 ...
1
vote
1
answer
87
views
Can an AST in statutory periodic phase notice to quit be submitted to a landlord casually by WhatsApp?
Suppose Alice lets a room to Bob, under a written contract that is incorrectly labelled as a lodger's agreement, however, Alice does not live in the property, thus automatically rendering Bob an ...
1
vote
1
answer
121
views
Landlord right to "pop over" to the property? [duplicate]
When asked if there was a specific reason they said they "wanted to see it". Does there need to be any more clearer reason to make such inspection or does "just wanting to see it" ...
2
votes
0
answers
61
views
Are there limits on one's entitlement to have overnight guests as an assured shorthold tenant?
Whether in shared accommodation (ie, a house in multiple occupation) or as a sole occupant, can one be restricted on how many nights a month one shares one's room with another person?
1
vote
0
answers
16
views
Is it more common to award landlords eviction order application costs than possession hearing application costs?
It could be argued that a tenant who has no valid grounds of dispute but defies a matured s21 notice and waits for a hearing to leave is simply exercising his rights to stay until asked politely to ...
6
votes
1
answer
2k
views
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 ...
1
vote
2
answers
116
views
What happens after a deed of surrender or notice to quit is signed/delivered and one remains in the property?
Does one cease to be protected under the protection from eviction act 1977 if one has voluntarily given formal notice to a landlord of one's intention to vacate by a certain date but then fails to do ...
1
vote
1
answer
50
views
"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 ...
0
votes
1
answer
115
views
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?
- 1
1
vote
2
answers
61
views
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 ...
7
votes
1
answer
2k
views
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 ...
1
vote
0
answers
38
views
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 ...
0
votes
2
answers
100
views
If a rental contract does not specify method of payment, can a tenant abruptly opt to begin offering to pay by cash only?
Suppose a contract specifies an amount for monthly payment and the tenant pays on time each month for the first two months and then abruptly decides to offer the landlord who lives in anther city the ...
1
vote
0
answers
77
views
Duration of illegally terminated tenancy and right to occupancy
Suppose one Is illegally Evicted from their home by an ignorant and zealous landlord. The tenant has some right to use reasonable force to reenter the property, criminal law act 1977 notwithstanding.
...
- 835
0
votes
1
answer
117
views
How can a tenancy be ended in France?
I saw a comment by @Woj on another question here:
Landlord gives 4 months notice to the rental agency which fails to give notice to the tenants
Since everyone is mentioning their country - in France ...
0
votes
1
answer
75
views
Statutorily prescribed terms supersede meeting of the minds?
Let’s take as an instantive fantasy a tenancy lease in which a tenant, secretly knowing their rights, deceptively enters into a contract with a greedy landlord who is hopelessly ignorant and apathetic ...
2
votes
1
answer
89
views
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-...
- 835
0
votes
1
answer
64
views
Legality of non-signatories of apartment contract living in that apartment
Scenarios in consideration:
I have a few different scenarios in mind.
Landlord pays utilities. Non-signatory pays tenant for their stay in the apartment.
Landlord pays utilities. Non-signatory lives ...
- 990
0
votes
1
answer
73
views
Can I expect a confirmation after returning the security deposit?
I live in Austria and own an apartment in a German city and this question is about tenants who moved out of this apartment. I recently transferred them the deposit minus some repair costs and asked ...
- 101
7
votes
2
answers
2k
views
How do you dispute a large bill for damages?
Suppose that a person T (for tenant) had a year ago rented an apartment that had some water damage due to a pipe bursting inside the building. There was a lot of back and forth between T and the ...
- 4,296
14
votes
2
answers
4k
views
How long can someone sleep over at someone else's rented accommodation?
In Scotland, how long can a person legally sleep in another person's flat without being a tenant?
I expect that spending one night at a friend's is totally permissible, but being allowed to live there ...
- 405
3
votes
3
answers
120
views
My landlord (in the UK) says i dont have to have a written agreement, is this correct?
My tenancy is an oral agreement and I wanted a written tenancy and my landlord is saying legally it is not necessary. He showed a website that also states it is not essential to have a written tenancy
0
votes
1
answer
237
views
Replacement carpet in rental property
What are reasonable costs for replacing a carpet in a rental property?
Here's the background - a bedroom carpet in a rental property has a bottle of wine spilled on it. The tenant apologises to the ...
- 1,221
1
vote
1
answer
108
views
Right to retract on tenancy agreement renewal (UK)
My tenancy agreement is ending soon, I currently want to have a dog and asked our current landlord if it is possible, I explicitly stated that I would not renew the tenancy if I could not have a dog. ...
- 149
0
votes
1
answer
183
views
What is the law around moth damage to wool carpets?
My landlord wants me to pay to replace a carpet because the moths have damage the carpet under my couch over my 2 years of stay.
Is this sort of damage the tenant's fault?
- 1
15
votes
3
answers
6k
views
Can a landlord sell their rental income from a tenant to a third party?
I am thinking about a new business venture, my idea is to create a professional vetting service which helps landlord vet their potential tenants, if a tenant passes the vetting process, I will offer ...
- 151
2
votes
1
answer
82
views
UK - Early termination of Assured Shorthold Tenancy, but impossible to find new tenant
I am renting a flat in the UK, on an Assured Shorthold Tenancy without a break clause. The property is managed by an estate agency.
I need to leave 7 months earlier than agreed. I gave notice to the ...
- 121