Sentences with phrase «landlord for possession»

Under our statutory law, the eviction process is referred to as an action by the landlord for possession of the dwelling unit.

Crichel Estates v. Metcalf, Southampton County Court [2006]--(claim by landlord for possession of a house let on a 20 year protected tenancy by virtue of the tenant's failure to repair)

Not exact matches

A man starts a job in which he evicts families from foreclosed houses with the help of two sheriff's deputies: at some houses, the owners cry and argue loudly with him and the deputies enter the home, force the people outside and call in waiting movers to place all the owner's possessions on the front lawn; at one house, a confused senior citizen is escorted outside to sit, where he says he has no family and knows nowhere to go and a deputy says he will drive the man to an agency that will help; a man at another house says he has only rented there for eight years and is not the owner, to which the man evicting him says that the landlord is in foreclosure and scammed the renter.

Most leases stipulate that landlords are not responsible for the replacement costs of a tenant's possessions or for medical costs stemming from injuries, which means renters insurance is often the only recourse in the event of a financial loss.

Apparently, tenants think the landlord has some responsibility for their possessions.

In assured tenancies, if the rent remains unpaid for a sum and a period prescribed by Ground 8 in Part I of the Schedule 2 to the 1988 Act, the landlord may be entitled to seek mandatory possession of the property through a court order.

Successfully settled a complicated real estate and lease litigation matter for a national landlord involving a commercial / retail tenant resulting in landlord recovering possession of the subject space, selling tenant's collateral, and obtaining payment for prior lease debt.

Dispossessory proceedings in Georgia are a statutory remedy for landlords seeking possession of their premises from defaulting tenants.

At around the time when the plaintiffs took possession, the landlord visited the home, repaired a few boards on the rear deck, and inspected the deck for any visible defects.

Not infrequently, a tenant, seeing the inevitability of the situation, will consent to an order of possession in exchange for some extra time to move out or a waiver of some of the money owed to the landlord (as the tenant often has no ability to pay anyway and otherwise would have renegotiated the lease and paid the rent).

In Forcelux Ltd v Binnie [2009] EWCA Civ 854, [2009] All ER (D) 216 (Oct) the Court of Appeal held that the hearing of a landlord's possession claim against his tenant in a county court's undefended list was not a trial for CPR 39.3 purposes.

Legal advisors should pay particular attention to the «landlord's own use» amendments because those sections of the RTA were improperly used by some «small» landlords or purchasers to secure vacant possession of a rental unit, following which the landlord would renovate the unit and then re-rent the unit at a much higher «market» rent or sell the building for a substantial profit based on its increased income potential.

I specialise in landlord and tenant and lender debt recovery, working to recover possession of rented properties for letting agents and private landlords as well as dealing with debt recovery for banks.

Regardless of whether the Notice of Termination is given for the landlord's own use under s. 48 or on behalf of a purchaser under s. 49, if the person who claimed to require possession under those sections fails to occupy the rental unit «within a reasonable time after the former tenant vacated the rental unit» (s. 57 (1) RTA), the landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 landlord's own use under s. 48 or on behalf of a purchaser under s. 49, if the person who claimed to require possession under those sections fails to occupy the rental unit «within a reasonable time after the former tenant vacated the rental unit» (s. 57 (1) RTA), the landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 Landlord and Tenant Board under s. 57 (3) RTA.

This appears to be fertile ground for a proportionality defence and, one suspects, that the pleadings presumptions in Pinnock and Powell (the right to possession coupled with the duties regarding distribution and management of their housing stock) will need to be supplemented with more particular justifications; and, more substantively, that the comment that the public authority landlord's unencumbered property rights are of real weight (Pinnock, at [54]-RRB- will require revisiting.

The Justices unanimously held that a court must give detailed consideration to a challenge to a landlord's claim for possession where it is brought by a disabled tenant under the Equality Act 2010, in Akerman - Livingstone v Aster Communities.

She has acted for clients in landlord and tenant matters, boundary and easement disputes, disrepair and breach of covenant claims, forfeiture actions, business tenancy and residential possession proceedings, lease extension and enfranchisement proceedings as well as boundary and easement disputes.

Recent litigation includes acting for a receiver in a claim to recover possession from trespassers and mortgagors; acting for a claimant in a trial to establish a prescriptive right to park; acting for a former cohabitee in a claim for a beneficial interest of property under TOLATA; acting in a claim for an injunction and damages in respect of trespass and nuisance; acting for a mortgagee in a contested mortgage possession claim defended on the grounds of undue influence, non est factum and unconscionable bargain; acting for a defendant in a claim for damages for unlawful eviction; and acting for a landlord in a claim for renewal of a business tenancy.

The tenant is entitled to: (i) remain in occupation, and (ii) call for a new lease, unless the landlord can rely on one of more of the very limited «s 30» grounds for regaining possession.

Tamara has vast experience of all forms of Property law representing landlords and tenants as well as Lenders in proceedings ranging from standard possession claims to more complex issues of art 8 and unreasonableness, undue influence in mortgage fraud (Ertridge), Judicial Review and reasonableness of action on the part of social housing authorities, co-habitee and family resulting / constructive Trusts, injunctions and applications under s91 of the LPA 1925 to the High Court for orders for sale in mortgage possession proceedings.

Harjie is frequently involved in demanding and complex land and property related disputes and is the firm's lead partner on all commercial landlord and tenant litigation including contested lease renewals, lease termination, disputed dilapidation and service charge claims, actions against telecommunication operators, actions for breach of covenants, possession claims and enforcement.

If the landlord applies to Queen's Bench for an «order of possession», the landlord can also ask for other things at the same time.

Following the significant decision in Cardiff Council v Lee in October 2016, landlords, in cases where the conditions of suspension of a possession order have been breached, have been left questioning the long - established process of obtaining a warrant for eviction.

If the landlord does not want to let the overholding tenant stay in the premises then the landlord may apply to RTDRS, Provincial Court or the Court of Queen's Bench for an «order of possession».

Home» News» Comment» New interim guidance for landlords dealing with suspended possession orders

Recent highlights include representing a commercial landlord in a challenge against a new lease; handling a dilapidations claim for a landlord; and acting for the owner of a mobile home site in a dispute concerning pitch possession following a period of unpaid pitch fees by the occupants.

Managing partner Ralph Gilbert advises on tenancy litigation and possession proceedings, and landlord and tenant law for private and public sector landlords.

Recent highlights include acting for two individuals in separate claims relating to adverse possession; handling a lease renewal claim for a car dealership; acting for a private tenant in an enfranchisement claim regarding a property in Central London; and representing a national commercial landlord in bringing a dilapidations claim against a former tenant.

Squire Patton Boggs» team has expertise in Landlord and Tenant litigation, vacant possessions, right of light disputes, land access issues for utility and renewable energy providers, and judicial reviews relating to planning issues and CPOs.

Director Sophie Morley has strengths in landlord and tenant disputes including forfeiture, Landlord and Tenant Act 1954 issues, rent reviews and dilapidations; she also advises developers on title issues, development agreements and vacant possession strategies, as well as handling termination strategies and enfranchisement claims for residential lalandlord and tenant disputes including forfeiture, Landlord and Tenant Act 1954 issues, rent reviews and dilapidations; she also advises developers on title issues, development agreements and vacant possession strategies, as well as handling termination strategies and enfranchisement claims for residential laLandlord and Tenant Act 1954 issues, rent reviews and dilapidations; she also advises developers on title issues, development agreements and vacant possession strategies, as well as handling termination strategies and enfranchisement claims for residential landlords.

CMS» department, led by Stephen Scott, is best known for handling disputes concerning complex development projects, vacant possession strategies, business lease renewals and terminations, dilapidations, rent reviews, service charges, arrears recovery, squatters and possession cases, landlord and tenant insolvency and real estate - related disability discrimination cases.

His property work includes tenancy litigation and possession proceedings, and advises extensively in all areas of landlord and tenant law for private and public sector landlords.

His landlord issued a claim for possession on the grounds that there were alleged rent arrears exceeding # 30,000.

As a practical matter, victims of domestic violence who are granted protection orders providing for conditions such as exclusive occupation or possession of the family home should advise their landlords of such, and preferably provide them with a copy of the order, particularly if they wish to change the locks or make arrangements to take over the residential tenancy agreement.

Naomi acts for both landlords and tenants in all aspects of residential leases, both short and long term including repossession of property, disrepair, eviction of squatters, mortgage possession cases, tenancy deposit disputes and houses in multiple occupation and is able to advise on tenancy agreements and landlord disputes.

Landlord's consent to assign - the landlord's decision must be reasonable, but not necessarily all the reasons Landlords considering tenant applications for consent to assign, underlet, charge or part with possession are generally subjeLandlord's consent to assign - the landlord's decision must be reasonable, but not necessarily all the reasons Landlords considering tenant applications for consent to assign, underlet, charge or part with possession are generally subjelandlord's decision must be reasonable, but not necessarily all the reasons Landlords considering tenant applications for consent to assign, underlet, charge or part with possession are generally subject to...

The Court confirmed that although a landlord must have a genuine intention to carry out the scheme of works, the landlord's motive for doing so is irrelevant and it does not even matter if a landlord intends to reverse the works after it has taken back possession of the premises.

Acting for a local authority landlord in a possession claim based on non-occupation and subletting

She acts for owners, occupiers, developers and funders of corporate real estate and specialises in most contentious aspects of real estate, including risk analysis and avoidance, development disputes, landlord and tenant disputes - including rent and service charge recovery, forfeiture and possession claims and contested lease renewals - title, right of way and right of light disputes, real estate related professional negligence claims, and real estate related insolvency and corporate recovery issues.

Regardless of whether the Notice of Termination is given for landlord's own use under s. 48 or on behalf of a purchaser under s. 49, if the person who claimed to require possession under those sections fails to occupy the rental unit «within a reasonable time after the former tenant vacated the rental unit» (s. 57 (1) RTA), the landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 landlord's own use under s. 48 or on behalf of a purchaser under s. 49, if the person who claimed to require possession under those sections fails to occupy the rental unit «within a reasonable time after the former tenant vacated the rental unit» (s. 57 (1) RTA), the landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 Landlord and Tenant Board under s. 57 (3) RTA.

If a landlord wishes to obtain vacant possession for the purpose of residential occupancy by the landlord or member of the landlord's family, or a caregiver, the landlord must now pay one months» rent to the tenant or offer another rental unit acceptable to the tenant as compensation for exercising the right of termination (s. 48.1 RTA).

A new statutory scheme is not required for housing associations because the Housing Act 1988 already allows landlords to grant fixed - term assured shorthold tenancies, with a mandatory right to possession.

Providing this is done, the landlord loses little by granting fixed - term assured shorthold tenancies in preference to periodic assured tenancies, because to all intents and purposes the same grounds for possession will be available before the fixed - term expires.

For so long as the fixed - term has not expired, a possession order can not take effect unless the landlord is relying on a discretionary ground, excluding grounds 9 (suitable alternative accommodation) and 16 (tied accommodation), or is relying on mandatory grounds 2 (sale by mortgagee) or 8 (8 weeks» rent arrears)(HA 1988, s 7 (6)-RRB-.

For so long as a fixed - term tenancy remains assured, the landlord may seek possession by relying on the normal statutory possession process that applies to assured periodic tenants.

These were the decisions in the celebrated Sportelli litigation, probably the most important case on valuation and enfranchisement since 1967; another decision that establishes that a head lease can be a qualifying lease for flat lease extension purposes; a decision on the scope of the landlord's right to resist claims where the current lease has less than five years to run and the landlord needs possession in order to redevelop and yet another decision on the correct approach to be taken in determining whether a building is a house or not.

It is common for landlords to serve a s 21 (1) notice on their tenants at the beginning of the tenancy and then specify a date by which they will require possession of the property — ie, after the expiry of the fixed 12 - month AST.

Residential Tenancies can simply make the order for vacant possession and mail it to the landlord and the tenant.

This new legislation is not a panacea for Landlords with «abandoned tenants» and is not intended to replace the possession procedures in the Housing Act 1988 where there are ongoing disputes with your tenant (s).

The question was whether or not the District Judge had been right to grant possession on mandatory Ground 8 where the landlord had a regular money judgment for rent arrears far in excess of two months» rent but the tenant disputed rent arrears and had applied to set the judgment aside.