A recent case reported in Legal Action Magazine serves to remind us that tenants who rent a room in a shared house and change rooms, are also starting a completely new tenancy.
Pilakoutas v. Schofield, Sheffield County Court, 22 May 2009
Here Professor Pitakoutas was a landlord by purchase of a house in multiple occupation. The tenant, [...]
Tag Archive: possession claims
Another room, another tenancy
The Novice Guide to Court hearings: part 4. interim hearings & applications
This Saturday Slot post is the fourth part of my weekly series of posts on Court Hearings (in the UK). You can see the others >> here.
Not all court hearings are trials
There are two main types of court hearing. The first is the main hearing or trial which decides the case. I [...]
Urban Myth – You have GOT to evict a tenant once the s21 notice expires
This post is part of my urban myths series. You can see the rest of the series >> here.
I often get asked by landlords about how long a section 21 notice lasts. Questions include:
Can I let the tenant stay on after the end of the notice period?
If I allow the tenant to [...]
Urban Myth – you can give a tenant a probationary period before the tenancy starts
Probationary tenancy?
This urban myth is really about the law overriding what landlords want to happen. What many landlords would like, is to have their tenants live in the property for a short probationary period, during which time the landlord can evict the tenant at will, before the tenancy starts properly.
Not possible. Sorry!
Street v. Mountford [1985] [...]
Section 21 possession notices – at last a sensible decision
Section 21 possession notices and eviction
I am pleased to report a Court of Appeal related decision on section 21 notices, which finally takes a sensible attitude on saving clauses.
As you may or may not know, where the notice is served after the fixed term has come to an end, the persons drafting the legislation in [...]
Tenancy deposits – s21 notice served before deposit paid is valid
A case recently reported in the Legal Action Magazine shows how silly things can get, if the court paperwork is not completed correctly by the claimant or his solicitors.
Mr O’Brien granted Mr Hill an assured shorthold tenancy from 9 June 2008. No deposit had been paid to him. On 12 June he served a section [...]
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Devious tenant works the system in Canada
It is interesting to read sometimes about the problems landlords have in other jurisdictions. A CBS news report tells the tale of Toronto landlord Jane Randall who has been trying to evict her non paying tenant for months.
In October it seems she obtained an eviction order but this was cancelled “when the tenant complained of [...]
Read the full article »