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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 ...
TylerDurden's user avatar
26 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 ...
Greendrake's user avatar
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-3 votes
1 answer
116 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 ...
TylerDurden's user avatar
-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 ...
TylerDurden's user avatar
1 vote
2 answers
195 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 ...
Stuck Renter's user avatar
1 vote
1 answer
131 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 ...
TylerDurden's user avatar
-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 ...
TylerDurden's user avatar
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 ...
Ethan's user avatar
  • 1,778
0 votes
2 answers
196 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 ...
Tanner S's user avatar
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?
TylerDurden's user avatar
-1 votes
1 answer
1k 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’...
anonrenter's user avatar
5 votes
1 answer
474 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 ...
MichaelJK's user avatar
  • 173
2 votes
0 answers
81 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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
110 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 ...
H2ONaCl's user avatar
  • 137
1 vote
1 answer
263 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 ...
IGY's user avatar
  • 113
1 vote
1 answer
42 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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
0 answers
71 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 ...
JosephCorrectEnglishPronouns's user avatar
3 votes
1 answer
83 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 ...
JosephCorrectEnglishPronouns's user avatar
0 votes
1 answer
123 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 ...
JosephCorrectEnglishPronouns's user avatar
3 votes
1 answer
190 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 ...
Ben Alan's user avatar
  • 131
2 votes
1 answer
51 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....
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
58 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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
0 answers
52 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?
JosephCorrectEnglishPronouns's user avatar
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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
94 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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
126 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" ...
JosephCorrectEnglishPronouns's user avatar
2 votes
0 answers
68 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?
JosephCorrectEnglishPronouns's user avatar
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 ...
JosephCorrectEnglishPronouns's user avatar
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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
2 answers
157 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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
53 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 ...
JosephCorrectEnglishPronouns's user avatar
0 votes
1 answer
124 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?
Joshua's user avatar
  • 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 ...
JosephCorrectEnglishPronouns's user avatar
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 ...
JosephCorrectEnglishPronouns's user avatar
1 vote
0 answers
41 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 ...
JosephCorrectEnglishPronouns's user avatar
0 votes
2 answers
106 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 ...
JosephCorrectEnglishPronouns's user avatar
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. ...
Timothy's user avatar
  • 835
0 votes
1 answer
131 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 ...
JosephCorrectEnglishPronouns's user avatar
0 votes
1 answer
78 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 ...
JosephCorrectEnglishPronouns's user avatar
2 votes
1 answer
90 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-...
Timothy's user avatar
  • 835
0 votes
1 answer
68 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 ...
user110391's user avatar
0 votes
1 answer
77 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 ...
Hans's user avatar
  • 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 ...
JonathanReez's user avatar
  • 4,563
14 votes
2 answers
5k 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 ...
minseong's user avatar
  • 407
3 votes
3 answers
140 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
amandagoldsmith's user avatar
0 votes
1 answer
266 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 ...
ConanTheGerbil's user avatar
1 vote
1 answer
109 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. ...
Okano's user avatar
  • 149
0 votes
1 answer
208 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?
Adi's user avatar
  • 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 ...
Jim's user avatar
  • 151
2 votes
1 answer
107 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 ...
yannicuLar's user avatar