Wednesday, May 15, 2019

Landlord & Tenant Law in the UK Law Essay Example | Topics and Well Written Essays - 3500 words

Landlord & Tenant righteousness in the UK Law - Essay ExampleHence Lord Jenkins LJ had to assert that relationship was not decided by the mark such as licence but by law, in his decision in Addiscombe Garden E subjects v Grabbe.1 Later in 1985 Lord Templeman declared in Street v Mountford 2 that giving of single(a) possession for a period created tenancy. When the expiry date of the lease is passed, it is supposed to continue by summons of law facilitating trade protection of tenure. The landlord in this case has not given any quit notice forward expiry of the leases. As per section 24 (a) of the Landlord and Tenant Act 1954, Bertrand, the landlord should therefore give notice infra section 25 of the said act to quit and in turn the tenants would give their counter notices maintain their rights of surety of tenure as afore said and would apply to County Court for in the buff tenancies. Bertrand can ref function security of tenure only on the following grounds.The above last trey namely b, c, and d willing apply provided the Bertrand is prepared to suitably compensate the tenants to move out. Unless Bertrand is ready to present wages as provided for, he can not successfully oppose tenants applications in the court claiming security of tenure. ... (d)For the landlords own self use of the premises either for business or for use as his own residence. The above last three namely b, c, and d will apply provided the Bertrand is prepared to suitably compensate the tenants to move out. Unless Bertrand is ready to pay compensation as provided for, he can not successfully oppose tenants applications in the court claiming security of tenure. However if the lease transcriptions have already excluded the provisions of security of tenure, the tenants can not remain in the premises. If compensation rights have also been excluded in the lease agreements, they can not also claim compensation if lease renewal is refused by Bertrand. If the landlord is not opposed t o new tenancy, he should send notice in Form 1 prescribed by the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004. The notice should state that the landlord is ending the existing tenancy and that he is not opposed to the new tenancy. The notice should contain new proposals for the new tenancy which he should offer to discuss with the tenant and also state that if they do not mutually agree to the proposals either of them can approach court of grant of new tenancy and settling the terms of disagreement between them. In case of the tenants wishing to approach the court, the landlord must set a date on the notice for doing so. The date can be extended by mutual agreement between them as set out in sections 29A and 29 B of the Act. In this case, question corpse what happens if the land lord has not sent notice before the expiry of the lease. It appears that tenants should be careful fair to middling to apply in the court by the said of expiry date failing which it will be fatal to their security of tenure right. If on the other hand, landlord does not want

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