Comments on: Urban Myth – you shouldn’t accept rent when evicting a tenant

By: Ben

Ben — Thu, 31 Dec 2009 15:18:00 +0000

An astonishing amount of cases I get relate to a landlords insistence that if their tenants change the locks they must provide copies for the landlord. We get this even when it is apparent that the landlord enters the property when their tenants are not there – on one memorable occasion to rummage through the tenants underwear drawer.

The other most common myth I come accros is where landlords believe that if a tenant owes them rent they can take their TV or some such until the money is paid. I have also twice encountered solicitors advising landlords that they can do this.

By: Tessa Shepperson

Tessa Shepperson — Mon, 07 Dec 2009 09:26:11 +0000

I should perhaps emphasise here that this blog, and the Urban Myth article above, is solely about residential tenancies. Anyone reading it should not take anything written here as applying to commemrcial tenancies (eg of shops and offices).

By: Francis Davey

Francis Davey — Mon, 07 Dec 2009 09:17:02 +0000

There’s quite a bit of authority that suggests that demanding rent once the right to forfeit has been exercised might waive the forfeiture. After the forfeiture has taken place (once proceedings are under way – though whether it is the service or issue of the writ – now claim form – is a slightly confused issue, my betting is on service) demanding rent looks a bit like you are creating a new landlord/tenant relationship.

Courts seems less strict about this now than they did but waiver of forfeiture and accidentally creating a new L&T relationship are not impossible.

You are quite right that assured tenancies now keep going to the bitter end, but of course for commercial properties (which some of us deal with) this is still all a very live issue.