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zwypl

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  1. Is there such a statutory form "more information from"? Landlord owns property for twenty years, lease has been done many years before and L' has no copy of lease. The rent registers are available but how can they ascertain whether the leaseholder is in breach of subletting?
  2. Hi, it is a large house. The tenant (old lady) is a "rent act tenant" (from the 1960's). I see on the electoral register that only for a few years another person living there. The landlord does not have a copy of the lease although there is a lease (according to old paperwork). Is there any formal request that a landlord can ask for information (like in a commercial lease)?
  3. Hi, if I (Freeholder) found out that another person is residing in the house. What are my rights to find out what are the terms? is he paying rent or what else. If I haven't seen the lease, could I claim its a breach?
  4. My main question is just to understand the basic text of the law. So far nobody.
  5. If you see my first post on this thread, I was clearly referring to: THE 1997 Rent Act, SCHEDULE 1, Part I, s.10 (4). In any event I wanted to hear what you say, to which paragraph does it relate to? and most important: how do you interpret this legislation in practical terms, in our case, is the 1960 written tenancy, a "brand new" tenancy, or a succession of the previous tenancy?
  6. Jefferey, thanks. Not quite clear. 1. This paragraph, which? S.10 (1)? See above: - Thomas's wife [Nancy] and children continued living in the house after his death, as "holding over" until 1960 when a new written tenancy was granted to his son in law [John] who lived with his wife [Mary] at the house (they lived there already together with Thomas since 1945). How do you interpret this legislation in practical terms, is the 1960 written tenancy, a "brand new" tenancy, or a succession of the previous tenancy?
  7. Can anyone please enlighten me the meaning of the following paragraph of The Rent Act s.10, it looks to me like Chinese or upside down. (4)This paragraph shall apply as respects a succession which took place before 27th August 1972 if, and only if, the tenancy granted after the succession, or the first of those tenancies, was granted on or after that date, and where it does not apply as respects a succession, no account should be taken of that succession in applying this paragraph as respects any later succession.
  8. Thanks. Can anyone say anything more definite than that?
  9. I have two flats held under one 125 year lease (the lease clearly states flat a and flat b). The freeholder/landlord has a shop and small flat at the rear of the ground floor (both very small so no question of 25%). In summary three flats in th building two owned by a single leaseholder and one by the freeholder. Does the leaseholder of the two flats "qualify" for notice of first refusal when the freeholder sells his freehold? Does the leaseholder of the two flats "qualify" for collective enfranchisement to acquire the freehold interest?
  10. If there is a "Prohibition" it prohibits the tenant too, does it not? Its not a matter of fixing, its the size of the flat, which is impossible to rectify.
  11. I am a landlord. I fell in with a troublemaker tenant on Housing benefit who is just wanting to cause trouble. They went to the LA who found defects in the property and say that the size of the property is inadequate and today a Prohibition order came through my letterbox. I now have three questions; 1) How can I get rid of the tenant, what is the procedure I need to take or does the notice (which i believe is also served on the tenant) in itself advise the tenant that the tenancy is ending and they needs to vacate. 2) Do I have to pay anything to re-house the tenant? 3) I can appeal the notice within 28 days. How can I appeal the Order and at the same time get rid of the tenant (to comply with the Order) or do these two contradict? 4) Turning to the issue of the size of the flat. I obtained planning permission last year certificate of lawfulness. Does this not state that the size of the property is acceptable? Thanks for your help.
  12. I appreciate all that. Thanks. Can anyone please give me any "informal" advice please.
  13. I am helping a landlord, who owns a house (freehold) with a old tenant/tenancy. The Original tenancy commenced in 1945 to the tenant [Thomas], he died in 1950. Thomas's wife [Nancy] and children continued living in the house after his death, as "holding over" until 1960 when a new written tenancy was granted to his son in law [John] who lived with his wife [Mary] at the house (they lived there already together with Thomas since 1945). Thomas's wife Nancy died in 1965. John [sIL] died in 1970. His wife (Mary, daughter of Thomas) continued living there with her children and continues to this day (she is obviously very old). Is Mary the second successor or ... QUESTION: Was the holding over period after Thomas's death a tenancy in first succession to Nancy as the spouse of Thomas and then to John as the second successor so Mary is the third successor? or could it be argued (by Mary) that the tenancy went direct to John without Nancy at all? for example Nancy wasn't interested in the tenancy and it therefore went directly to John? A few relevant extracts from the legislation. THE 1997 Rent Act. • SCHEDULE 1, Part I SECTION 2 2 The surviving spouse (if any) of the original tenant, if residing in the dwelling-house immediately before the death of the original tenant, shall after the death be the statutory tenant if and so long as he or she occupies the dwelling-house as his or her residence. (2)For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant. .................. SECTION 3 Where paragraph 2 above does not apply, but a person who was a member of the original tenant’s family was residing with him in the dwelling-house] at the time of and for the [period of 2 years] immediately before his death then, after his death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the county court, shall be [entitled to an assured tenancy of the dwelling-house by succession]. SECTION 10 (1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Part of this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly— (a)if the successor was the first successor, and, immediately before his death he was still the tenant (whether protected or statutory), [F1paragraph 6] above shall apply on his death, (b)if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Part of this Schedule. (2)Sub-paragraph (1) above applies— (a)even if a successor enters into more than one other tenancy of the dwelling-house, and (b)even if both the first successor and the successor on his death enter into other tenancies of the dwelling-house. (3)In this paragraph “succession” means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Part of this Schedule and “successor” shall be construed accordingly. (4)This paragraph shall apply as respects a succession which took place before 27th August 1972 if, and only if, the tenancy granted after the succession, or the first of those tenancies, was granted on or after that date, and where it does not apply as respects a succession, no account should be taken of that succession in applying this paragraph as respects any later succession. Who can help me?
  14. Acting for Landlord, lease forfeited by re-entry for arrears tenant paid them now, and got back keys, does this require a new lease, old lease was within the Act, so do any terms of the lease change, is there a tenant here without a lease?
  15. S.21 (1) (b) served on tenant in the middle of the tenancy term, for the end of the tenancy term, tenancy has expired around 6 months ago, so it is now periodic, do we need a fresh notice or the old notice is still in force.
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