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Re: terms

Postby preacherman » Sat Sep 16, 2017 5:56 am

dls wrote:But that is only if it attains the status of a tenancy. It falls entirely on its face without reaching that far.

An absolute requirement of the creation of a lease is that there is a 'term certain'. Without such it is by definition not a tenancy of any sort.



even hotels have that. how many nights sir!
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Re: terms

Postby preacherman » Sat Sep 16, 2017 6:15 am

theycantdothat wrote:What we have, of course is both the expression of intent to create a periodic tenancy and the definition of the term. If the definition prevails then the whole thing is void because you cannot have a tenancy which continues if both parties cannot agree it will end.


I have a signed 'official welcome letter' which says welcome (from the landlord/signatory), to your permanent residence with immediate effect. This occupation is valid until further notice under, and subject to, the terms and conditions set out in the tenancy agreement, as discussed with you both, and a copy of which you now have'.

does that help?

permanent
ˈpəːm(ə)nənt/Submit
adjective
1.
lasting or intended to last or remain unchanged indefinitely.

can people not make/contract these permanent unchangeable agreements?
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Re: terms

Postby dls » Sat Sep 16, 2017 4:26 pm

does that help?

Not in the slightest. This requirement is so fundamental that in respect of what were life tenancies, the law transforms them into a specific term of years (99 years?)
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Re: terms

Postby blig » Sat Sep 16, 2017 7:02 pm

It's described as
a manse
which would often be a service occupancy or a service tenancy. Is the landlord on the paperwork the head landlord or someone else?

For no particular reason I'm guessing that the original poster is subletting from a person who has or once had the benefit of the service occupancy or service tenancy; not the head landlord. In which case this isn't a tenancy.
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Re: terms

Postby preacherman » Sat Sep 16, 2017 8:06 pm

blig wrote:It's described as
a manse
which would often be a service occupancy or a service tenancy. Is the landlord on the paperwork the head landlord or someone else?

For no particular reason I'm guessing that the original poster is subletting from a person who has or once had the benefit of the service occupancy or service tenancy; not the head landlord. In which case this isn't a tenancy.


what`s a service tenancy? The landlord is the trustees of the church which is held under a trust deed . The manse was a late edition to the church built in the 80`s. it calls itself a periodic tenancy, but as this posts talks about, the term is seemingly the issue.
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Re: terms

Postby preacherman » Sat Sep 16, 2017 8:12 pm

dls wrote:
does that help?

Not in the slightest. This requirement is so fundamental that in respect of what were life tenancies, the law transforms them into a specific term of years (99 years?)


what requirement? the term? but thats what I mean, could the law turn what I have into something actually better?
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Re: terms

Postby preacherman » Sat Sep 16, 2017 9:47 pm

dls wrote:
does that help?

Not in the slightest. This requirement is so fundamental that in respect of what were life tenancies, the law transforms them into a specific term of years (99 years?)



.The only statutory guidance given to the court in deciding what term not
exceeding 15 years should be granted is that it should be that which is
“reasonable in all the circumstances”. So, how do the courts go about
deciding that which is reasonable and how can advisers give realistic
advice to the client as to the likely outcome of proceedings?
13.The unhelpful answer is that “every case will be decided on its own
facts”.

oops, that commercial premises I think 1954 act!
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Re: terms

Postby atticus » Sat Sep 16, 2017 10:06 pm

And therefore of precisely zero relevance.
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Re: terms

Postby preacherman » Sat Sep 16, 2017 10:16 pm

atticus wrote:And therefore of precisely zero relevance.


that`s why I put oops num nuts! :D well there must be something like it governing housing. Being a sophisticated lawyer I am sure you can point me to something?
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Re: terms

Postby dls » Mon Sep 18, 2017 7:44 am

There is no discretion for a judge to transform something into a tenancy which cannot be a tenancy.

It is a licence of some sort Confusingly, and unhelpfully, it may be a tenancy at will (not a tenancy).
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