Jump to content

pearlg

Registered Users

Change your profile picture
  • Posts

    6
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Ok, so basically, if the LL decides they want to sell after 4 months in a 12 mth contract, then they have no right to evict us/take possession even though this clause is in the tenancy, because the tenancy can only be ended at the end of the 12 month contract OR if we go into 2 months arrears? Are you 100% sure?
  2. Thx for the reply. If they wish to evict because they want to sell, do they then have to go through a section 21 notice? Or can they use this clause to speed it up?
  3. Thank you very much for the helpful responses. I have another question about a clause that concerns me: When I was viewing the property initially, it was also listed as For Sale. However, the estate agent assured me that if we rented the property for a tenancy of 12 months, the landlord would be unable to sell it until the end of the tenancy. However, within the agreement that the agent gave me to sign, it states the following: The landlord gives notice to the tenant that possession of the Demised Premises may be recovered under Ground 2 Part 1 Schedule 2 of the Housing Act 1988 namely that the property may be subject to a mortgage granted before or after the tenancy and the mortgage [sic?] may become entitled to exercise a power of sale and will require possession of the property for the purpose of disposing of it with vacant possession in the exercise of that power. Does this mean that if the landlord decides that they want to sell the property midway through our tenancy, they have the right to evict us and gain possession of the property?
  4. As per my other thread, I am considering entering into an assured shorthold tenancy agreement. Unfortunately, I have just also noticed another clause within the contract that concerns me. When I was viewing the property initially, it was also listed as For Sale. However, the estate agent assured me that if we rented the property for a tenancy of 12 months, the landlord would be unable to sell it until the end of the tenancy. However, within the agreement that the agent gave me to sign, it states the following: The landlord gives notice to the tenant that possession of the Demised Premises may be recovered under Ground 2 Part 1 Schedule 2 of the Housing Act 1988 namely that the property may be subject to a mortgage granted before or after the tenancy and the mortgage [sic?] may become entitled to exercise a power of sale and will require possession of the property for the purpose of disposing of it with vacant possession in the exercise of that power. Does this mean that if the landlord decides that they want to sell the property midway through our tenancy, they have the right to evict us and gain possession of the property? Apologies for the multiple threads, but I thought this one warranted a separate one.
  5. Thank you for the fast response. I didn't think it could but I wanted to make sure. There are also a couple of other clauses which seem a bit excessive and I was wondering if they could be enforced: One: "After receiving at least 24 hours notice, permit the Landlord, his duly authorised agents with or without workmen and others, at all reasonable times, to enter the premises to examine the condition and state of repair of the premises and also of the furniture and household effects after which the landlord may serve written notice on the Tenant giving details of any repairs necessary to the premises, and of any damage, destruction or loss of any of the furniture or household effects and to require the Tenant to carry out repairs and make good any such damage, destruction or loss and if the Tenant has not after ten days following service of the notice made such repairs in a proper manner to the destroyed or lost items, the cost of them shall be due from the Tenant to the Landlord and be immediately recoverable by action PROVIDED that nothing contained in this clause shall impose any liability on the Tenant which is put upon the Landlord by Section 11 of the Landlord and Tenant Act 1985 and as amended in Section 11.6 of the housing Act 1986. Also: at any time or times during the last two months of the tenancy permit the Landlord and his duly authorised agents to enter the premises and to fix and keep a notice for re-letting or selling the premises without interference and during the last two months of the tenancy to allow by appointment at reasonable times of the day, the Landlord and his agents and all persons with the landlord's or his agent's written authority to view the premises. and agree that the Landlord is responsible for the making of the inventory including the charge of, content, condition of the property and payment thereof at the commencement of the tenancy and that the Tenant is responsible for the payment of the fee for inventory checkout and accepts the findings of the landlord or a clerk appointed by the landlord or his agents and any subsequent assessment shall be final and binding on the Tenant. and finally, Subject to 72 hours notice the landlord or agent instructed can do quarterly inspections Sorry for the long post, but I really wanted clarification on the above before I sign the agreement!! Thanks
  6. Hello, I am about to sign an assured shorthold tenancy agreement to move into a new property. However, there is one clause within the contract which I am uneasy about. It reads: "If the rent is in arrears at any time for seven days (whether or not it has been formally demanded) or any of the provisions of this agreement on the Tenant's part shall not be undertaken or should the Tenant become bankrupt or if the tenant's ceases to reside in the demised premises for a consecutive period of more than 28 days the Landlord may enter the premises and reclaim possession of all items detailed in the inventory and thereafter the tenancy shall cease and determine but without prejudice to any claim by the landlord against the tenant for any prior breach of this agreement. I was just wondering if this clause is actually enforceable in the UK? Not that I'm planning on missing rent or breaking the agreement, but I don't particularly like the thought that the Landlord can just reclaim possession if he deems me to have broken any clause of the tenancy, so I wanted to see if this clause is actually legal? Thanks in advance for your help EDIT: There are also a couple of other clauses which seem a bit excessive and I was wondering if they could be enforced: One: "After receiving at least 24 hours notice, permit the Landlord, his duly authorised agents with or without workmen and others, at all reasonable times, to enter the premises to examine the condition and state of repair of the premises and also of the furniture and household effects after which the landlord may serve written notice on the Tenant giving details of any repairs necessary to the premises, and of any damage, destruction or loss of any of the furniture or household effects and to require the Tenant to carry out repairs and make good any such damage, destruction or loss and if the Tenant has not after ten days following service of the notice made such repairs in a proper manner to the destroyed or lost items, the cost of them shall be due from the Tenant to the Landlord and be immediately recoverable by action PROVIDED that nothing contained in this clause shall impose any liability on the Tenant which is put upon the Landlord by Section 11 of the Landlord and Tenant Act 1985 and as amended in Section 11.6 of the housing Act 1986. Also: at any time or times during the last two months of the tenancy permit the Landlord and his duly authorised agents to enter the premises and to fix and keep a notice for re-letting or selling the premises without interference and during the last two months of the tenancy to allow by appointment at reasonable times of the day, the Landlord and his agents and all persons with the landlord's or his agent's written authority to view the premises. and agree that the Landlord is responsible for the making of the inventory including the charge of, content, condition of the property and payment thereof at the commencement of the tenancy and that the Tenant is responsible for the payment of the fee for inventory checkout and accepts the findings of the landlord or a clerk appointed by the landlord or his agents and any subsequent assessment shall be final and binding on the Tenant. and finally, Subject to 72 hours notice the landlord or agent instructed can do quarterly inspections Sorry for the long post, but I really wanted clarification on the above before I sign the agreement!! Thanks
×
×
  • Create New...