15 votes
Accepted

Can a landlord ever claim court fee costs from a difficult tenant associated with judicial proceedings related to seeking eviction orders?

Yes: Your landlord can start court action once the date on the section 21 notice has passed. The costs of an eviction can be at least £500. You may have to pay for the costs of the eviction if the ...
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  • 23.2k
12 votes
Accepted

In "he said"/ "she said" discrepancies, how must a landlord prove timely valid service of eviction notices?

The onus lies on the landlord The landlord is the one asserting a right (to evict), therefore, they bear the onus of proving that they have that right. The court will look at the evidence both parties ...
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  • 158k
7 votes

Who is liable for repairs upon death of landlord?

Your father's probate estate is responsible for the repairs (assuming that your father owned the property outright and not through an entity, in which case the entity would be responsible). To the ...
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  • 139k
7 votes

Could there be legal action against me for non-payment of rent with no written contract?

Your lawyer will advise you whether to worry, but it is not a crime to not pay the rent. The action that the landlord can take is (a) evicting you and (b) suing you for the unpaid rent. Whether a ...
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  • 165k
7 votes

Must I allow access to every one of my landlord's representatives

I am assuming in this answer that the lease or rental agreement provides the landlord with a right of access for required maintenance. The question is not clear on that point. If there is a specific ...
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  • 97.9k
7 votes
Accepted

If land I own sinks into the ocean, do I own the corresponding part of the ocean?

In england-and-wales and scotland, no. At common law, with a hefty influence from Roman writers such as Gaius who tackled the topic, gradual changes in a natural boundary are distinguished from others....
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  • 486
5 votes
Accepted

Housing benefit and tenant in prison

I assume this is "Managed Payment to Landlord" (MPTL) for the tenant's Universal Credit and/or Discretionary Housing Payment, as opposed to for "Housing Benefit" per se, since most ...
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  • 486
5 votes

Must I allow access to every one of my landlord's representatives

In England & Wales (at least), the principle of quiet enjoyment means that a tenant may refuse entry to a landlord (or anyone working for the landlord, e.g. letting agent, plumber, etc), except in ...
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5 votes
Accepted

If you buy an apartment that has a rent controlled or rent stabilized tenant in it can you evict them to move in?

You cannot evict them immediately. You can, however, decline to renew their lease when it expires if you give proper notice. From this information sheet: In NYC, an owner may refuse to renew a rent ...
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5 votes
Accepted

Does the concept of a lodger or anything similar exist in US or Florida law?

Anti-discrimination laws in the U.S. have exceptions for someone who rents a room in a landlord's own residence, but generally speaking, for other purposes, there is not a distinction in U.S. or ...
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  • 139k
4 votes
Accepted

Can a landlord ask tenants if s/he can stop paying for an unused, not in lease, security system?

There is certainly no legal problem in asking if the tenants would be agreeable with the landlord discontinuing the security service. Even if it were in the lease, a lease like pretty much any ...
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  • 97.9k
4 votes

Is it ever legally permitted for a landlord to withold/seize a tenant's posessions in exchange for owed rent arrears?

Ultimately yes, this can and does happen, but there are a few steps necessary before the bailiffs come to your door. In times gone by, the common law recognized a right to "distrain for rent"...
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  • 41
4 votes

Where in statute are the grounds of section 8 eviction notices spelled out?

Section 8 of the Housing Act 1988 provides that (2) The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are ...
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  • 2,859
3 votes
Accepted

Lease signed but not returned, is it binding?

Generally speaking, you signature and delivery of the lease to the landlord makes it possible for the landlord to enforce. Particularly when, as in the question, the landlord presented the lease to ...
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  • 139k
3 votes

UK rental agency asking for full rent beyond the termination of its contract with the landlord

Since you mention in your comment to the other answer that your contract is with the agent and not the landlord, it sounds like one of two things may be happening : The agent's collection department ...
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3 votes

UK rental agency asking for full rent beyond the termination of its contract with the landlord

Your contract is between you and your landlord. Separately, the landlord has a contract between himself and the agency. Your obligation to pay rent is owed to your landlord, not to his agent. Ask your ...
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  • 4,704
3 votes
Accepted

Tenancies and the GDPR

Anyone who processes personal data using electronic means or with some filing system is a data controller, as long as they fall within the GDPR's territorial scope, they're not doing the processing ...
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  • 18.2k
2 votes

The landlord sends advertising with email to tenants, does this count as spam for legal purposes?

The FTC's website answers exactly this: A. It’s common for email sent by businesses to mix commercial content and transactional or relationship content. When an email contains both kinds of content, ...
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  • 139
2 votes

Natural disasters and rental units

Renters insurance typically only covers the tenants possessions, not the structure itself, the owner will need home owners insurance for that. Likewise home owners insurance does not typically cover ...
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  • 9,105
2 votes

Are my parents liable if they purchase land and allow the old owner to remain as a tenant?

Yes Bob is a tenant even if he pays no rent (selling the property to your parents may qualify as consideration for the rent anyway) and is entitled to everything a tenant is entitled to including a ...
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  • 158k
2 votes

Can I expect a confirmation after returning the security deposit?

Do I have a right to have them confirm the repayment to me? My fear is, on the one hand, that their bank account number has changed. This is very unlikely. But, this fear is unfounded and ...
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  • 139k
2 votes

Water payment dispute

A) why pay an advance payment for water only to pay more later This is, apparently standard. The amount that you prepay (vesimaksu) is established by the water company and that information is encoded ...
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  • 165k
2 votes

What is the adjudication process for resolution when a paid tenancy deposit has not been properly protected?

In England & Wales, tenancy deposits are governed by the Housing Act 2004, specifically Part 6, Chapter 4, sections 212-215C. References below are to that Chapter of the Act. what if there is ...
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2 votes

Can I sue my landlord if my landlord lied about which tenant they caught smoking?

Can I Sue my landlord if my landlord lied about which tenant they caught smoking? It appears that you are entitled to injunctive relief under a legal theory of landlord's breach of contract or ...
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2 votes
Accepted

US-Texas: Landlord having to pay for troubleshooting of home issues when no issue is found

The landlord's obligation is to effect necessary repairs that impinge on dwelling safety. If you do comply with that requirement, tenant can sue you. §Sec. 92.056 of the residential tenancies law ...
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  • 165k
2 votes

How long is it legal for a landlord to leave tenants without heating?

The 1985 Act says in its section 11(1)(c): There is implied a covenant by the lessor to keep in repair and proper working order the installations in the dwelling-house for space heating and heating ...
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  • 486
2 votes

landlord refusing to fix incorrect electric wiring

If it’s true that you have separate bills, then I believe you must also have a separate electrical meter and panel. By code, I believe this panel must be in your dwelling unit. It should not be in a ...
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2 votes

Can I legally take liability from a previous tenant? What are the limitations of this?

I'm going to take different view to @DaleM and say you cannot take liability for damage caused by a previous tenant, notwithstanding that you purported to agree to that. I know you stated that you &...
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  • 4,704
2 votes
Accepted

Where in statute are the grounds of section 8 eviction notices spelled out?

User xngtng's answer already answers the question, but to add a little more detail: The full list of grounds appears in Schedule 2 to the Housing Act 1988. The Schedule's title is "Grounds for ...
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