Abandoned tenancies and unlawful eviction
Ives, P.
Abandoned tenancies and unlawful eviction - 2004 - Letting Update Journal 12(2) July 2004, 15-22(4) .
Covers the rules concerning surrender and abandonment of residential tenancies and aims to assist landlords in securing and retaking possession of abandoned property in such situations. Looks at: express surrender; tenant liability to pay rent; issues involving joint tenancies; joint occupancy and remaining occupiers; evidence of surrender; and abandonment clauses. Examines further the landlord's right to enter and secure, the legal position regarding unlawful eviction and harassment and the landlord's defences against these charges, tenant personal effects and the act of taking possession. Concludes that the law provides little support to the landlord whose tenant has abandoned the property and suggests where there is reasonable doubt as to whether the tenant has permanently vacated the premises, the safest solution is to terminate the tenancy by issuing formal notice and commencing possession proceedings. Provides an example notice of intention to possess. References. Fifth article in a series on housing possession. (See also Abs67005).
O'REILLY V WEBB
LEEK AND MOORLANDS BUILDING SOCIETY V CLARK
PRESTON BC V FAIRCLOUGH
HANNAFORD V SELBY
E AND L BERG HOMES LTD V GRAY
LAND AND MITCHELL V CADWALLDER AND CADWALLADER
CRIMINAL LAW ACT 1977 S6(1)
PROTECTION FROM EVICTION ACT 1977S1(3)
PROTECTION FROM EVICTION ACT 1977 S1(2)
HOUSING ACT 1988 S27
HOUSING ACT 1988 S28
HOUSING ACT 1988 S27(6)
TERMINATION
PERSONAL EFFECTS
CHAMBERLAIN V SCALLEY
PROTECTION FROM EVICTION ACT 1977S1(3)A
HARASSMENT
RENTS
POSSESSION
ABANDONMENT
UNLAWFUL EVICTION
Abandoned tenancies and unlawful eviction - 2004 - Letting Update Journal 12(2) July 2004, 15-22(4) .
Covers the rules concerning surrender and abandonment of residential tenancies and aims to assist landlords in securing and retaking possession of abandoned property in such situations. Looks at: express surrender; tenant liability to pay rent; issues involving joint tenancies; joint occupancy and remaining occupiers; evidence of surrender; and abandonment clauses. Examines further the landlord's right to enter and secure, the legal position regarding unlawful eviction and harassment and the landlord's defences against these charges, tenant personal effects and the act of taking possession. Concludes that the law provides little support to the landlord whose tenant has abandoned the property and suggests where there is reasonable doubt as to whether the tenant has permanently vacated the premises, the safest solution is to terminate the tenancy by issuing formal notice and commencing possession proceedings. Provides an example notice of intention to possess. References. Fifth article in a series on housing possession. (See also Abs67005).
O'REILLY V WEBB
LEEK AND MOORLANDS BUILDING SOCIETY V CLARK
PRESTON BC V FAIRCLOUGH
HANNAFORD V SELBY
E AND L BERG HOMES LTD V GRAY
LAND AND MITCHELL V CADWALLDER AND CADWALLADER
CRIMINAL LAW ACT 1977 S6(1)
PROTECTION FROM EVICTION ACT 1977S1(3)
PROTECTION FROM EVICTION ACT 1977 S1(2)
HOUSING ACT 1988 S27
HOUSING ACT 1988 S28
HOUSING ACT 1988 S27(6)
TERMINATION
PERSONAL EFFECTS
CHAMBERLAIN V SCALLEY
PROTECTION FROM EVICTION ACT 1977S1(3)A
HARASSMENT
RENTS
POSSESSION
ABANDONMENT
UNLAWFUL EVICTION