28

Notwithstanding the current COVID-19 regulations, I cannot find any Scottish law, regulation or rule that prevents a lawful tenant from having long-term visitors. However, it may (or may not) be a breach of the tenancy agreement depending on its terms which is where one should look for a definitive answer.


23

The tenant wouldn't be involved in this at all. The tenant rents from the landlord, and the landlord gives them an account number where the tenant sends the money every month. How would the tenant be involved with you? Actually, if I was the tenant and I was told to pay the rent to some third party, that would be the reddest of all red flags to me. As a ...


17

Debt factoring is common practice Fees generally range about 1-2% higher than mortgage rates depending on how prevalent bad debts are in the industry. This means I can get what you’re selling for less than a quarter of your price. Typical arrangements are that I get 80% when the debt falls due and the balance (less your fee of say 3%) when the debtor pays. ...


17

With that much potentially at stake, you might want to discuss this with a lawyer. many lawyers will do an initial consultation for free or a low charge. However, you could simply write a letter saying that you do not agree that you owe the money and that you dispute the charge. You may give any reasons why you think you are not liable. It might be a good ...


16

It is not uncommon for a landlord to instruct tenants to make payments via a lockbox service to an address other than the landlord's business office address. It is also not uncommon for a landlord to hire a management company that collects all rent and also handles maintenance and other on-premises services. Such services, I understand, charge rather less ...


13

Fair wear and tear Means the normal deterioration of a property from ordinary, everyday use. Exposure to the elements, time, as well as day to day living can cause fair wear and tear. Breakages as a result of normal use are also wear and tear. Damage is either intentional or a result of usage that is not normal. So, if the closet has failed through normal ...


8

The rule applied by councils in the UK is that a person is not normally resident in a property if they have alternative accommodation in which they normally pay Council Tax. A certain amount of leeway is given for "guests" staying at a property, but broadly speaking, you need to let the council know that you have someone else staying in your house &...


6

There is a distinction between keeping a security deposit and suing a person for damages. In the Residential Landlord-Tenant Act, §280, the damage deposit must be returned within 21 days, and "the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under ...


5

Can a landlord (UK, English law) make a claim from a potential tenant who wants to back out of signing a Tenancy Agreement? No. Your description reflects that in this particular scenario there is no tenancy contract. The only actual contract relates to the holding deposit, and your description suggests that both parties fully complied with their obligations ...


5

ARS 33-1343 allows the landlord to show the place, with two days notice. None of the executive orders suspend this aspect of the law: the eviction order is directed at law enforcement, and orders a temporary delay in enforcement of eviction orders. The governor does not have clear constitutional or statutory authority to suspend all or part of ARS 33-1343. ...


3

The landlord is in breach of the contract You have three options: Accept the breach, Take legal action, Negotiate some other agreement. Option 1 means you put up with the situation, option 2 means you annoy the landlord - both options suck. If you go with the second option you could seek damages in the small claims court. If you want an order for the ...


3

The tenant is responsible for damage beyond “fair wear and tear” which this obviously is. If it is as bad as you suggest then it may require professional forensic cleaning which can run to thousands of pounds. At some point, things like carpets etc. can be cheaper to replace than to repair. There is no upper limit (beyond, at the extreme, the cost of ...


3

My questions are, where does this put me legally and what are my options? . . . Also, if I want to keep the tenants, how should I proceed? And if I don't want to keep them, do I have that option? Your Rights With Respect To The Tenants If the agency is telling the truth and the agreement made with the agent was for four tenants but their records and ...


3

The relevant part of Texas law is in the property code, §§92.101-92.109 §92.104 allows them to "deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease", and then they must "give to the tenant the balance of the security deposit, if any, together with a written description and ...


2

Under section 214 of the Housing Act 2004 (as amended), the penalty for not protecting the deposit is considered separately from the deposit itself. In the case where the tenant has already moved out (emphasis mine): (3A) The court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the ...


2

These articles (#1 (and read the comments too), #2) seem to suggest that there is a bit of a grey area here. On the one hand, tenants have the right to "quiet enjoyment", which (among other things) means that the landlord cannot enter the property without the tenants' permission, except in case of dire emergency. So if you say no, the landlord (or their ...


2

The amount is not capped, and a social housing landlord is quite likely to use a cleaning contractor. It may be cheaper for your friend to pay a cleaner directly rather than waiting for the landlord to use their contractor. This is the sort of cleaning contractor that deals with vacated property cleans http://www.cleansafeservices.co.uk/commercial-...


2

You can and should hire an attorney. The thing with evictions is that there are lots of motions that can be filed, under RCW 59.18.410. The landlord may have filed a motion to execute a writ of restitution. You would have been served with notice of a hearing; but that does not mean that you actually got the notice (see the notice sections of the law). It is ...


2

You are correct that the landlord can't evict you with less than two months notice. However note that you might want to avoid enforcing that because a good reference from your existing landlord is likely to be very helpful when looking for other property. According to this page on the government website: You may be able to apply to a tribunal to reclaim ...


2

You broke the lease, which is a contract, and under general principles of law the landlord is entitled to compensation for his losses (the rent owed). You would probably not owe the entire year's worth of rent: the landlord has an obligation to mitigate his losses (for example RCW 59.18.310 in Washington), by re-renting the unit ASAP, but at least a month's ...


2

“We want a rolling contract and won’t agree to a fixed term” ... is an unassailable argument. You choose when to enter a contract and on what terms - freedom of contract is fundamental to English law. You are correct that if neither you nor the landlord give notice to end the tenancy it becomes a periodic tenancy. You cannot currently be evicted but you ...


2

The landlady is entitled to her opinions You don't have to listen to her about them. It's your home. Your landlady can only enter with your permission or by strictly following the requirements of the lease and the law. These are unlikely to require you to listen to her personal opinions. Make it clear that she is no longer welcome in your home and that if ...


2

In my non-expert opinion, I believe the letting agent is correct. As far as I can tell, a renewal is limited to making a new tenancy agreement with the same tenants. From Shelter's website: Changing or assigning your tenancy You can be charged £50 if you want to change a term in your tenancy or assign it to someone else. The landlord can only charge above ...


2

Your tenancy agreement is your first port of call. If that does not resolve your query, guidance from Shelter states that your landlord may use your deposit to cover damage you caused in the property, and they should only charge you a reasonable amount on a ‘like for like’ basis. It goes on to say that reasonable amounts of wear and tear do not count as ...


2

Your tenancy agreement most likely has terms requiring you to hand the property back in good condition or similar condition to how it was at the start, and to pay for any damage which you cause, allowing for any fair wear and tear. Spilling a bottle of wine on the carpet is not fair wear and tear, but at the same time the landlord cannot reasonably expect to ...


2

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 unreasonable. The practical reality is that if they received a letter explaining that you are sending them money and they didn't receive it, they will promptly let you ...


1

Well, you can agree to pay the difference Which is what you would legally be obliged to pay if you broke the contract anyway. Look, but if you break the contract the landlord is entitled to damages that place them the same position as if you hadn’t. That’s 7 months rent at the amount you agreed. If they or you can find an agreeable tenant at that (or a ...


1

do we file a claim for Frustration or simply that the Tenant has vacated the premises and rent is no longer payable? Clause 2.(c) in and of itself sounds in [tenant's] right to early termination of the lease. This means that your daughter might not have to pay the last month of the lease (or, if she already paid, she would be entitled to a reimbursement). ...


1

The contract is not frustrated The fact that your daughter cannot reside in the premises for a period or that the landlord cannot show the premises does not amount to frustration. If the property had burned down - that might be frustration (if the lease didn’t contemplate that - most do). Unfortunately, your daughter is obliged to comply with her obligations ...


1

If you pay rent per calendar month, you pay the same amount each month on the same date. In your case, the 30th. The rent is calculated by dividing the total for the year by 12, or by multiplying the weekly rent by 52/12 (4.3 recurring). You don't pay for 31 days in January, 28/29 in February, 31 in March, 30 in April etc.


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