Tenancy Agreement Clauses

benjus

HappyMJ wrote: »

What tenancy is that really going to apply to...


And that's monthly rent....

Fair point!

Miss_Samantha

Guest101 wrote: »

Only when it is reasonably required.

Remember that the claimant must mitigate costs where possible. For a straight forward s.21 possession a solicitor is not required.

It is always reasonable to use a lawyer to deal with legal matters.

The level of wishful thinking and delusion is unbelievable!

Guest101

Miss_Samantha wrote: »

It is always reasonable to use a lawyer to deal with legal matters.

The level of wishful thinking and delusion is unbelievable!

2 words:

Small Claims

Miss_Samantha

HappyMJ wrote: »

What tenancy is that really going to apply to...


And that's monthly rent....

Come on, let's stop the nonsense.

Benjus quoted the wrong section.
Section 11 applies in any case and contains the same provision on access rights as he quoted.

Miss_Samantha

Guest101 wrote: »

2 words:

Small Claims

In which you are still perfectly entitled to use a solicitor.

Are you bent on keeping on digging or finding random examples?

HappyMJ

Miss_Samantha wrote: »

Come on, let's stop the nonsense.

Benjus quoted the wrong section.
Section 11 applies in any case and contains the same provision on access rights as he quoted.

Repairing Obligations?

Sorry, I thought this thread was about allowing the landlord or his/her agent to show potential tenants around the property in the last 2 months of the tenancy.

Guest101

Miss_Samantha wrote: »

In which you are still perfectly entitled to use a solicitor.

Are you bent on keeping on digging or finding random examples?

https://www.stephensons.co.uk/site/individuals/srvdisputes/small_claims_guide/small_claims/

Solicitors own website advertising their services even says it's generally not recoverable in SC

Miss_Samantha

Guest101 wrote: »

https://www.stephensons.co.uk/site/individuals/srvdisputes/small_claims_guide/small_claims/

Solicitors own website advertising their services even says it's generally not recoverable in SC

There are limited, like e.g. in the accelerated possession procedure. However, this does not apply to normal possession proceedings.

If a breach of tenancy is pursed in small claims, the tenant would still need to defend, which would be costly in time or cash.

So as I said... keep digging and looking for random examples instead of giving reasonable advice.

Guest101

Miss_Samantha wrote: »

There are limited, like e.g. in the accelerated possession procedure. However, this does not apply to normal possession proceedings.

If a breach of tenancy is pursed in small claims, the tenant would still need to defend, which would be costly in time or cash.

So as I said... keep digging and looking for random examples instead of giving reasonable advice.

If a breach of tenancy was pursued via the small claims, the LL would not be seeking possession, but recovering a loss or cost, a quantified amount.


Which means a LL has already sent a LBA outlining the case. And has already offered mediation.


After all that, it's still not reasonable to use a solicitor, and the court may pass judgement in the first hearing, or decide to pass judgement based upon the court papers received.


And even if both parties are required to attend in person, the costs in small claims are limited, for a very good reason.


- to stop people being bullied into settling out of court.

HappyMJ

I thought as a landlord all you could claim for was a maximum of £90 per day for attending court for lost wages plus reasonable travel expenses. Even if you're paid a salary of £40,000 a year and therefore lose £150 by taking the day off as an unpaid day the limit is just £90 per day. If you take a paid day off or don't work (i.e claiming a pension and the property is a source of income) and therefore don't lose wages by attending court you can't claim anything as you haven't lost anything.

As far as reasonable travel expenses are concerned I would really doubt that means a landlord could fly from Edinburgh to Birmingham to attend court and expect the tenant to pay.