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terms

terms

Postby preacherman » Sun Sep 10, 2017 5:08 pm

what kind of term is this please, it is in regard to a contractual periodic tenancy agreement

it names the landlord, the tenant the property, the commencement date, the rent and the term.

the term:'until further notice by mutual agreement'

How would that been defined if it was in a court room please?
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Re: terms

Postby atticus » Sun Sep 10, 2017 5:14 pm

It means that this applies until the parties agree something else; I am guessing changes in rent or an extension to the period of the tenancy.
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Re: terms

Postby preacherman » Sun Sep 10, 2017 5:51 pm

but what if only one agrees? but it looks like that is the term in regard to time period of tenancy.
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Re: terms

Postby atticus » Sun Sep 10, 2017 9:21 pm

Then there is no agreement. It takes two.
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Re: terms

Postby dls » Mon Sep 11, 2017 11:55 am

In exact words, if that is what is said that there is no tenancy. A tenancy has to have a date to which both parties can point as the date on which it ends. Many tenancies renew automatically, but this works as creating a new end date on each renewal.
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Re: terms

Postby theycantdothat » Mon Sep 11, 2017 4:10 pm

preacherman wrote:but what if only one agrees? but it looks like that is the term in regard to time period of tenancy.


If it relates to the term (=period of tenancy) then the grant of the tenancy is void. It is an essential requirement of a tenancy that on its grant the parties know its maximum length.
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Re: terms

Postby preacherman » Mon Sep 11, 2017 7:54 pm

theycantdothat wrote:
preacherman wrote:but what if only one agrees? but it looks like that is the term in regard to time period of tenancy.


If it relates to the term (=period of tenancy) then the grant of the tenancy is void. It is an essential requirement of a tenancy that on its grant the parties know its maximum length.


so if someone has lived there for 6 years? it says commencing on (with a date inserted)

and :deposit waived by landlord, notwithstanding any deposit mentioned in this agreement)
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Re: terms

Postby preacherman » Mon Sep 11, 2017 8:02 pm

dls wrote:In exact words, if that is what is said that there is no tenancy. A tenancy has to have a date to which both parties can point as the date on which it ends. Many tenancies renew automatically, but this works as creating a new end date on each renewal.


so whats tenants position then if been there 6 years?
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Re: terms

Postby dls » Tue Sep 12, 2017 9:57 am

If he has been there under a quite open ended arrangement (in law as well as in practice) he has not been a tenant. He has been a licensee.
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Re: terms

Postby preacherman » Tue Sep 12, 2017 4:01 pm

dls wrote:If he has been there under a quite open ended arrangement (in law as well as in practice) he has not been a tenant. He has been a licensee.



I cant see thats the case just because there is no end date being included, if all else refers to Tenant, and housing act, and law of property act etc
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