Do you mean something like:have heard that the landlord can no longer accept rent from the overholding tenant as by doing so,
I don't think it's even meaningful as a concept. A landlord doesn't "accept" or "reject" rent, they just receive it.Accepting rent
payments can be returned to sender. Not returning a payment means you are accepting it.I don't think it's even meaningful as a concept. A landlord doesn't "accept" or "reject" rent, they just receive it.
Seems to be a lot of overholding advice from many factions. TD's media NGO's to name a few.
As said interesting times ahead.
Your solicitor's advice seems to disagree with that in the previous few posts.I asked may solicitor this question recently and he confirmed that accepting rent from a tenant after the notice of termination expires means the tenancy is implied. He told me to return all payments.
Thanks for pointing that out, I may need a new solicitor...Your solicitor's advice seems to disagree with that in the previous few posts.
This seems completely daft. The tenant is still consuming a service albeit one that the landlord no longer wishes to provide.I asked may solicitor this question recently and he confirmed that accepting rent from a tenant after the notice of termination expires means the tenancy is implied
IANAL but the legal framework for commercial tenancies is different from residential where the RTA is very prescriptive about what landlord and tenant can and cannot do.It seemed daft to us as well but that was the advice of the (well paid) barrister in our 2008 case.
I would really like to believe that as I would certainly prefer to take payment from overholding residential tenants if it didn't legally disadvantage me! (to be honest I cannot really foresee me needing to terminate the tenancy of a tenant that wants to pay rent but who knows what my circumstances will be like in future).IANAL but the legal framework for commercial tenancies is different from residential where the RTA is very prescriptive about what landlord and tenant can and cannot do.
There is also big moral hazard if tenants know that they can overhold and as a result will have rental payments returned.
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