Questions tagged [tenancy-rules]
The tenancy-rules tag has no usage guidance.
78
questions
27
votes
7
answers
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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
15
votes
3
answers
6k
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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
14
votes
2
answers
4k
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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
13
votes
3
answers
2k
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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
7
votes
2
answers
2k
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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
7
votes
1
answer
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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 ...
6
votes
1
answer
2k
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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 ...
6
votes
1
answer
624
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UK - Landlord refuses to remove personal items
My partner and I have recently begun renting a house in the UK. The rental is a high value one (around £4000/month) and the property is large, and fully detached. The initial tenancy is for 12 ...
- 61
5
votes
1
answer
351
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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
4
votes
2
answers
205
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Recourse against landlord entering home during COVID outbreak?
My wife and I are moving out of our current rental in a couple of weeks. Our landlord stated in a text this morning that he can show our house to potential new renters with 24 hours notice, even ...
- 143
3
votes
1
answer
260
views
Can damages be claimed from someone who backs out of a contract (before signing)
Can a landlord (UK, English law) make a claim from a potential tenant who wants to back out of signing a Tenancy Agreement?
If a tenant makes a repeated commitment (via emails, face-to-face ...
- 171
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 ...
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
3
votes
2
answers
267
views
Interpretation of termination clause of a License to Occupy
I find myself in a situation where I need to end my Licence to occupy contract for a property in London UK, 2 months in advance to the initially projected date. The licensor refuses to accept this and ...
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
2
votes
1
answer
577
views
Tenant is asking to repair a built-in closet. It was fine when they moved in
I own a small studio apt. in a co-op building located in Brooklyn, NY USA.
My tenant, who's been renting this studio for ~ 3 years, is asking to repair one of the built-in closets.
This closet was ...
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 ...
2
votes
1
answer
122
views
Extra tenant outside of contract [closed]
I own a 3-bedroom, ex-council flat in London (UK) which I'm renting out via an agency as I currently reside outside the country.
During all my communications with the agency, they always mention ...
- 125
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....
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
2
votes
1
answer
155
views
UK - Joint Tenancy - Renewal/Replacement Tenant Fee
A fixed-term 6 month joint AST agreement ends in April 2020. The agreement had three tenants listed on it. One tenant is leaving (former tenant) two are remaining.
The former tenant notified the ...
- 21
2
votes
1
answer
1k
views
Is it legal for a landlord to arrange viewings with less than 24 hours notice in the last month of tenancy
I am at the last month of tenancy. My landlord has been arranging viewings at very short and inconvenient notice (and not particularly asking nicely for permission either, but mostly informing me of ...
- 21
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
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 ...
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?
2
votes
0
answers
103
views
What is the legality behind landlords throwing away tenants belongings UK?
Me and my housemates have started having issues with our landlords, where they will dispose of any utensils left on the kitchen worktop or in cupboards without being cleaned. Before moving into the ...
2
votes
1
answer
309
views
Any evidence of cases in the United States where tenant won quiet enjoyment suit?
Are there any cases won on the grounds of quiet enjoyment where a tenant whose life was being disrupted by another tenant or the other tenants' guests? Or are there any cases regardless of ...
- 309
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 ...
1
vote
2
answers
165
views
Is there a limit to how much a landlord can charge for cleaning fees? (England)
My friend lives in atrocious conditions in social housing. The conditions are tenant inflicted and cover pet faeces on the floor, fly infestations, blocked up plumbing etc.
My friend is moving house ...
- 703
1
vote
3
answers
142
views
UK Tenancy Renewal, Lockdown and the Law
Our fixed term tenancy will finish on 31st July; with a two month notice period. I believe it’s likely that we will still be in lockdown by the end of July. I think it’s very likely that we’ll still ...
- 121
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
188
views
Landlord seizing deposit and also billing us back
My 2 roommates and I (all students) were renting an apartment in a community in Dallas, Texas. Among many problems with the landlord, when we were leaving, we spent a full week fully cleaning the ...
- 407
1
vote
1
answer
143
views
London: how to deal with a landlord not protecting a deposit and not rembursing it?
I have been living in London for several years now and experienced issues with one of my last letting agencies. I'm looking for your legal advice on what actions to take.
It was an Assured Shorthold ...
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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
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
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 ...
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
1
vote
1
answer
95
views
Rental Issues - HMO was never issued by landlord (UK) & Notice Period after AST expiration
Back in late 2016, three people rent a brand new flat in London (UK). Then, during the years, we had a few contract renewals (AST) with new names (as we had one person being replaced every year).
...
- 507
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
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
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
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" ...
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
741
views
Calendar month in property letting (UK)
A tenancy agreement gives the end date of the tenancy as being on the 30th of a month, where the month has 31 days. The rent is stated as being amount x per calendar month. Is it right, therefore, ...
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1
vote
1
answer
3k
views
Is my tenancy invalid if my guarantor doesn't sign the agreement?
I have recently signed a tenancy agreement (England) and have now decided I do not wish to live there. My guarantor has not yet signed their guarantor agreement. Does this make my tenancy agreement ...
- 11
1
vote
1
answer
54
views
Tenancy Termination Confusion
Edit: this is a 12 month tenancy agreement within a resident landlord property and is therefore outside of The Private Housing (Tenancies) (Scotland) Act 2016.
This is an early termination clause in ...
- 19
1
vote
2
answers
855
views
Mandatory rent increase in tenancy agreement? (UK)
I'm considering entering into a tenancy agreement as a private tenant for a house; this is quite a high value rental, around the top 1% of the market. I have not yet paid over the holding deposit, ...
- 11
1
vote
2
answers
333
views
Section 21 notice if the tenant doesn't have a valid address for the landlord
I have been given a section 21 notice but I don't have an address in England and Wales to which I can service documents to, as specified by section 48. Does this invalidate the section 21? The agent ...
- 115
1
vote
1
answer
219
views
What would count as reasonable grounds for refusal of a pet?
I'm currently renting a flat and have been for 6 months now. The tenancy agreement states:
Not to keep any domestic animals or birds in the Premises without the prior written consent of the ...
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