Weird rent contract, need immediate help please

martindow

Could you not ask to be addressed as the Reverand Rocksolid?  Is it illegal to adopt the title of a minister, or found your own church even?

Rocksolid

martindow said:

Could you not ask to be addressed as the Reverand Rocksolid?  Is it illegal to adopt the title of a minister, or found your own church even?

Not sure what you mean, is it a joke or not?
I have nothing to do with religion, the ministry of religion mentioned apparently is the owner, or he falls down under these terms to avoid taxes.
Nothing is addressed to me.

greatcrested

See

Schedule 2 (17 S8 Grounds a LL can use)

specifically S8 ground 5

SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies   

Part I Grounds on which Court must order possession

......

Ground 5
The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—
(a)not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
(b)the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.

Rocksolid

greatcrested said:

See

Schedule 2 (17 S8 Grounds a LL can use)

specifically S8 ground 5

SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies   

Part I Grounds on which Court must order possession

......

Ground 5
The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—
(a)not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
(b)the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.

It's a bit cryptic, what I understood is that it's not a big deal before the fixed term, after the fixed term he can obviously take it back.

greatcrested

Rocksolid said:

greatcrested said:

See

Schedule 2 (17 S8 Grounds a LL can use)

specifically S8 ground 5

SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies   

Part I Grounds on which Court must order possession

......

Ground 5
The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—
(a)not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
(b)the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.

It's a bit cryptic, what I understood is that it's not a big deal before the fixed term, after the fixed term he can obviously take it back.

Sorry. The schedule has to be read in conjunction with S8 (4A) of the Act.It can be served (and notice expire) during the fixed term. (in the same way that the more common ground 8 for rent arrears can be served during the fixed term).

(4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground [F107A or] 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—

(a)[F11two months][F11“the relevant notice period” in relation to a dwelling-house in England and six months in relation to a dwelling-house in Wales] from the date of service of the notice; and

(b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.

This has been temporarily amended by the Coronavirus Act, schedule 29, section 6:

Assured tenancies

6   Section 8 of the Housing Act 1988 (notice of proceedings for possession: assured tenancies) is to be read, in relation to notices served under that section during the relevant period, as if—

(a)in subsection (3A)—  .....

(b)in subsection (4) .......

(c)in subsection (4A)(a) for “two months” there were substituted “three months”, and

(d)in subsection (4B) for “two weeks” there were substituted “three months”.

45002

The wording of that clause in post 1 is virtually identical to one of cases for a mandatory possession order under 1977 Rent act as amended, schedule 15, case 15 .

But the tenant would have to have been living there before 15th January 1989 in E & W, Scotland before 2nd January 1989, NI before 1st April 2007 that to apply...

Edited for correct dates added, 45002.

greatcrested

45002 said:

The wording of that clause in post 1 is virtually identical to one of cases for a mandatory possession order under 1977 Rent act as amended, schedule 15, case 15 .

But the tenant would have to have been living there since January 1989 in E,W & S or 1997 in NI for that to apply..

I suppose there is an outside chance the OP has been a tenant there for 31+ years, but this seems unlikely (and probably would have been mentioned...)

martindow

Rocksolid said:

martindow said:

Could you not ask to be addressed as the Reverand Rocksolid?  Is it illegal to adopt the title of a minister, or found your own church even?

Not sure what you mean, is it a joke or not?
I have nothing to do with religion, the ministry of religion mentioned apparently is the owner, or he falls down under these terms to avoid taxes.
Nothing is addressed to me.

IIt was intended in a jokey manner but I misread the situation.  I was thinking that the stipulation was that a minister must be the tenant.  If that were the case becoming a 'minister' could allow you to comply.

macman

Does your LL call himself Reverend, wear a dog collar, etc ...?

Tiglet2

Check out some of the OPs other threads, makes for interesting reading!