Tag Archives: tenancy agreements

Why do I need a tenancy agreement?

The simple answer to this question is that for most circumstances you do not strictly need a written agreement however if you don’t this can have unintended consequences! As regular followers of the blog will know the starting point for determining the terms and what you should do in a particular instance is the tenancy […]


Many people dealing with short term residential tenancy agreements will have seen the term “subject to contract” used but what does this actually mean? The basics are that in English law a contact does not have to be in writing (and in this context we are talking about usual residential tenancy agreements). For a contract […]

Common Questions- “Olympic Lets”

1. Are the tenancies ASTs? Most of you will be aware that for an AST the conditions are that the property is let to an individual who will use it as their principle home. Many Olympic visitors will be here in the UK on holiday therefore it is safe to assume that they will not […]

The Localism Act

Most landlords and agents are aware of the current provisions relating to tenancy deposit protection under the Housing Act 2004. Many will also be aware of the damage that has been done to the provisions by the many, many, many, many court decisions. As a reminder two of the Court of Appeal decisions: Tiensia v […]

What duty does a Landlord have if the tenant leaves their belongings in the property once they have vacated?

The above question is one which we get frequently asked by agents on the PainSmith helpline. It is often the case that tenants will vacate a property and leave their personal possessions behind which can pose a real problem for landlords. The Torts (Interference with Goods) Act 1977 requires a landlord to take care of […]

It’s not the lawyers! It really isn’t!

Delays in possession hearings are not common in our experience but they can happen. In the case of Benesco Charity Ltd v Kanj and Unknown Persons the occupiers of a property were granted permission to appeal a possession order thus delaying the execution of the bailiff warrant for possession. Benesco granted Speedway Tyres a 10 […]

A survey of tenants experience……

A survey of tenants experience…… Resolution Foundation, an organisation that works to highlight the experiences of low-to-middle earners (LMEs) through its research has published a report on its survey of tenants experience in the private rented sector. Resolution Foundation conducted I mystery shopping exercise of 25 letting agents and also spoke to tenants about their […]

“Why Do I Need Court Proceedings? And What Do These Involve?

Many of our readers will know why there is a need to obtain a Court Order to evict residential tenants however for those that do not we hope the below helps. If someone is occupying a residential property whether lawfully or not then an Order of the Court is required (a Possession Order) which generally […]

Back to Basics 4: Section 21

A section 21 notice is not a notice to quit. Many people that call the helpline refer to a section 21 as a notice to quit even today and it’s not, so stop it! A section 21 notice is used by the landlord when he wishes to gain back possession of the property at the […]

Look at the lease!

We have posted on this topic before but many questions we receive on the helpline come back to the same answer. Whether you are dealing with an AST or long leasehold dispute the starting point must always be the agreement or lease. The Courts, adjudicators and LVTs will always look at the lease/agreement as the […]

Not an AST?

In Kahlon v Isherwood the court held that a tenant that had a Assured Tenancy but agreed to the grant of an Assured Shorthold Tenancy as part of a settlement of court proceedings was, in fact, still an Assured Tenant. Isherwood became a tenant in 1994. Since 2000 there had been 3 claims for possession […]

Mobile Homes and Article 8!

In Murphy v Wyatt the Court of Appeal Wyatt brought in a mobile home to replace a dilapidated caravan after her partner Mr Barrett died. The caravan was located on just under 2 acres of rough pasture which the Wyatt’s partner used for his livery business. The landlord served a notice to quit in 2009. […]

What’s the Point of a Tenancy Agreement Anyway?

Landlord X’s tenant has registered a business at her address, changed the locks, put holes in the walls, let in another occupier, allowed his favourite orange tree in the garden to die and has breached 25 other terms of the tenancy agreement. Landlord X wants her out, and is therefore extremely upset to discover that […]

Understanding ‘Subject to Contract’

We are often asked whether or not an agreement for a tenancy has come into effect when only one of the parties has signed it or some other variation on this theme has occurred. It is commonly thought that if only one party has signed then the party that has not signed is not bound […]

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