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Is This Illegal???

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  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    Please say you are joking.


    Do you think ANY point put in an AST would stand up in court ?
  • Quentin
    Quentin Posts: 40,405 Forumite
    DGJsaver wrote: »
    And contract law ISNT english law

    In that case we should all just sign contracts then ignore our side of them!
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    Quentin wrote: »
    In that case we should all just sign contracts then ignore our side of them!


    I may have come across wrong , all i am saying is just becuase something is in an AST doesnt automatically make it lawfull

    and on that i KNOW im right :D
  • DGJsaver wrote: »
    Do you think ANY point put in an AST would stand up in court ?

    No I don't.

    Do you think any section of the Housing Act or any other legislation would supercede the term we are discussing? If so kindly point me to it.
  • Tozer
    Tozer Posts: 3,518 Forumite
    DGJsaver wrote: »
    And contract law ISNT english law
    see the moon analogy i used.....

    Yes it is! I'm looking at about a dozen books at the moment dealing with the law of contract!
  • Quentin
    Quentin Posts: 40,405 Forumite
    DGJsaver wrote: »
    all i am saying is just becuase something is in an AST doesnt automatically make it lawfull

    and on that i KNOW im right :D

    This is irrelevant, and giving the op the wrong advice.

    Before anyone can advise properly, the specifics of the agreement need to be known.
  • Tozer
    Tozer Posts: 3,518 Forumite
    DGJsaver wrote: »
    I may have come across wrong , all i am saying is just becuase something is in an AST doesnt automatically make it lawfull

    and on that i KNOW im right :D

    Unless there is a policy reason why it is not lawful (illegality, imorality, etc) or it flies in the face of a statutory provision which cannot be contracted out of, or there is clear case law, then it is, per se, lawful and enforceable.
  • Tozer wrote: »
    Yes it is! I'm looking at about a dozen books at the moment dealing with the law of contract!

    I'd recommend Cheshire, Fifoot and Furmston's Law of Contract. icon7.gif
  • espresso
    espresso Posts: 16,448 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    The letter is very carefully worded but anyone who didn't read it thoroughly...........

    Like the carefully worded tenancy agreement that you signed.
    They were supposed to post our tenancy to us after their manager co-signed it as a witness or something...........

    Until you get a copy and carefully read the tenancy agreement, you don't know what your rights are. I guess that this will be another one of those threads that the OP doesn't bother to update with the final outcome.
    :doh: Blue text on this forum usually signifies hyperlinks, so click on them!..:wall:
  • Tozer
    Tozer Posts: 3,518 Forumite
    I'd recommend Cheshire, Fifoot and Furmston's Law of Contract. icon7.gif

    :T

    At present, Treitel and Chitty are my fave reads! Oh and Benjamin's Sale of Goods...
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