COMMONLY MISUNDERSTOOD LEGAL TERMS


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JOINT AND SEVERAL LIABILITY

This means that all the tenants named on the tenancy agreement are fully responsible for all the conditions of the agreement.  This means that each tenant is individually responsible for all the rent and all the costs relating to any damages, not just their share. 

QUIET ENJOYMENT

This means that the tenants named on the tenancy agreement have the right to live in the property for the specified period without interference from the landlord, agent or anyone else acting on their behalf.

FORFEITURE CLAUSE

This clause implies that if the tenant (s) has not paid the rent for 14 days then the landlord or agent has the right to re-enter the property and take possession of the property from the tenant.  In reality it would be illegal for an agent or landlord to take possession in this way, they would need to comply with their statutory obligations by serving notice and on expiry of the notice apply to the courts to obtain a court order.

This clause is included because the landlord or agent has to formally warn or inform the tenant that they may forfeit the right to remain in the property if they breach the tenancy agreement. 

ACCESS AND INSPECTION

It is implied that with a minimum of 24hrs notice the landlord or landlord's agent may enter the property to carry out an inspection, but you must still give your consent.  It would be unreasonable not to allow entry as you would be preventing the landlord or their agent from fulfilling their obligations, but it should be a mutually agreeable time. 

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