inform
30-09-2006, 16:01 PM
Hello
Can anyone tell me that once a s25 notice has been served, is the landlord bound by the proposed terms he has set in his notice?
for example if the landlord has asked for x rent, but tenant counter responds no, then landlord agrees to keep rent same as existing lease, and all other terms have been agreed in the s 25 notice but the tenant is still unhappy and still insists going to court to apply for alienation rights that don't exsist, if the matter goes to court even though we have met the proposals in the s 25 notice does the court disregard all agreement reached between parties and look at the issue from the s25 notice as a starting point for proceedings.
Our surveyor has informed us that if the matter were to go to court, the fact that we have agreed rent is irrelevant and costs would be awarded against us for being unreasonable by asking above the OMRV which he could not prove. We did not include alienation rights in the s 25 notice although the surveyor had advised us to.
if in the case it went to court and it was ruled that the lease would remain the same which would mean there is no provision for rent review and therefore the rent would remain the same for another 10 years, is the court likely to raise the rent because provision for rent review doesn't exist or is it likely to be decreased as their are no alienation rights?
In any event, who is more likely to pay costs and could this matter be settled through arbitration or some other means.
Thank you
Can anyone tell me that once a s25 notice has been served, is the landlord bound by the proposed terms he has set in his notice?
for example if the landlord has asked for x rent, but tenant counter responds no, then landlord agrees to keep rent same as existing lease, and all other terms have been agreed in the s 25 notice but the tenant is still unhappy and still insists going to court to apply for alienation rights that don't exsist, if the matter goes to court even though we have met the proposals in the s 25 notice does the court disregard all agreement reached between parties and look at the issue from the s25 notice as a starting point for proceedings.
Our surveyor has informed us that if the matter were to go to court, the fact that we have agreed rent is irrelevant and costs would be awarded against us for being unreasonable by asking above the OMRV which he could not prove. We did not include alienation rights in the s 25 notice although the surveyor had advised us to.
if in the case it went to court and it was ruled that the lease would remain the same which would mean there is no provision for rent review and therefore the rent would remain the same for another 10 years, is the court likely to raise the rent because provision for rent review doesn't exist or is it likely to be decreased as their are no alienation rights?
In any event, who is more likely to pay costs and could this matter be settled through arbitration or some other means.
Thank you