Author: Nona Bowkis
Published: January 6, 2015
Reading time: 2 minutes
This article is 10 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
According to the Property Data Report 2014 over one half of the UK’s commercial property is rented.
Much of this property is owned by investors who, during the recent years of low interest rates, have chosen to acquire property in pursuit of higher returns.
In contrast only around one fifth of private properties are rented out.
Problems between landlords and tenants are not uncommon. Residential landlords who want to evict a tenant could find themselves having to issue legal notices and going through court to obtain a possession order. Whilst it’s not a particularly complicated process, it is easy to make a mistake and such a mistake could mean the entire process has to be restarted. Here at Lawgistics we can help you to get it spot on.
What can make our job a little more difficult is when there is no written tenancy or lease. This can apply to both residential and commercial rentals. However, even without a written contract, according to the leading case of Street v Mountford [1985] 2 All ER 289, a tenancy will generally exist if the tenant has exclusive possession of the property. If a tenancy exists, both parties are then likely to be bound by the provisions of the Landlord and Tenant Act 1954. As ever, if you have any questions or queries, please contact us.