http://www.landlordzone.co.uk/forums/ en Sun, 26 May 2013 08:12:48 GMT vBulletin 60 http://www.landlordzone.co.uk/forums/images/misc/rss.png http://www.landlordzone.co.uk/forums/ http://www.landlordzone.co.uk/forums/showthread.php?55454-Unusual-tenancy-agreement&goto=newpost Fri, 24 May 2013 17:33:21 GMT Hi all hope you can help me. 8 years ago I build agricultural building on my brother-in-laws land with his oral agreement and my cost fully (I have all invoices for all the material used) . The building is used as a workshop for my business which is plant hire and farming. Being a family there is... Hi all hope you can help me. 8 years ago I build agricultural building on my brother-in-laws land with his oral agreement and my cost fully (I have all invoices for all the material used) . The building is used as a workshop for my business which is plant hire and farming. Being a family there is no written agreement in place. No rent was paid as the agreement instead was for him to use the equipment for use on his farm. We also agreed at the time if I need to take the shed down and put on my land would not be a problem. Cut long story short family got into argument and now he is not allowing me access to the building (even I build the road up until the shed) and no way he will let me take it down. So instead I offered him to buy it for reasonable price but he offered me not even third of what the shed is worth as I had electricity cable put in and the bill comes in my name. He is treating me to take me to court as it is on his land as he has already had advice from the solicitor. I am not too knowledgeable about all this and I went for advise but the his and my advice completely contradicts.
If any similar situation please advice what should I do and I am aware I have some rights but being on his land makes me doubt. I appreciate any answers ]]> Commercial Property Questions zlocko http://www.landlordzone.co.uk/forums/showthread.php?55454-Unusual-tenancy-agreement http://www.landlordzone.co.uk/forums/showthread.php?55430-Shop-tenant-not-allowing-access-to-electricity-meter-in-basement&goto=newpost Thu, 23 May 2013 14:59:57 GMT I have a flat next to the shop which has been leased to a tenant. I want to relocate the electricity meter for the flat which is in the basement but the shop tenant won't give access to a qualified electrician to assess whether he can move it or whether I need to contact the supplier.

He had promised that he would let me have access when the shop lease was assigned to him but he is not allowing access now. His argument is that there is stock in the basement which he does not want "other people" to see. I am at my wit's end as the flat needs rewiring.

Please can anyone help me?

Thanks ]]> Commercial Property Questions Trishala http://www.landlordzone.co.uk/forums/showthread.php?55430-Shop-tenant-not-allowing-access-to-electricity-meter-in-basement http://www.landlordzone.co.uk/forums/showthread.php?55359-Replevin-more-info-required-please&goto=newpost Mon, 20 May 2013 21:36:58 GMT Hi Everyone We rent a small motor repair workshop from a private landlord for about 2 years for £250 wk + vat. In that time he has never issued any invoices dispite several requests. There is no written rental agreement. We are currently in arrears for an amount equal to the total VAT outstanding... Hi Everyone
We rent a small motor repair workshop from a private landlord for about 2 years for £250 wk + vat. In that time he has never issued any invoices dispite several requests. There is no written rental agreement. We are currently in arrears for an amount equal to the total VAT outstanding on the rent todate. I am refusing to pay anymore money ubtil we receive a valid VAT invoice, as without that he cannot charge VAT and so we are up to date with the rent . He also claims we owe for various other sums for share of rates, electricity water etc totalling in all £20k but he cannot itemise or evidence these.

We had a big row about it on friday resulting in us being thrown out andthe locks changed, with him seizing the contents and some other vehicles parked in the yard not belonging to the business in lieu. I believe and have been legally advised he has done this unlawfully as there was no clause in our agreement allowing him reposession or forfeiture.

I have seen him today, he still will not release the goods without payment. The bloke is devious and impossible to negotiate with How should I proceed? Should I initiate court proceedings to obtain our items back? ]]> Commercial Property Questions moatmeister http://www.landlordzone.co.uk/forums/showthread.php?55359-Replevin-more-info-required-please http://www.landlordzone.co.uk/forums/showthread.php?55334-Exiting-Tenant-holes-in-walls-marks-on-walls-Tenants-responsibilty&goto=newpost Sun, 19 May 2013 20:50:17 GMT Hi, We have a tenant exiting a unit that was utilised as office space. The walls were painted by the previous tenant when they exited to cover marks etc that they made. This tenant has hung things on the wall by drilling in and left shoe marks where desks have been against walls. They... Hi,

We have a tenant exiting a unit that was utilised as office space. The walls were painted by the previous tenant when they exited to cover marks etc that they made.

This tenant has hung things on the wall by drilling in and left shoe marks where desks have been against walls. They filled in the holes and sanded it back a little, not done anything with the marks and says he won't. I advised I wanted the walls painting again to a certain height as they were when they moved in - he is refusing to.

The lease was based on the standard law soc. one in terms of tenant responsibility.

Am I right in requiring it be left in the same condition they received it?

I have a deposit I could make use of.

Thanks.

Q ]]> Commercial Property Questions Qwalme http://www.landlordzone.co.uk/forums/showthread.php?55334-Exiting-Tenant-holes-in-walls-marks-on-walls-Tenants-responsibilty http://www.landlordzone.co.uk/forums/showthread.php?55297-what-can-i-claim-where-to-go-for-help&goto=newpost Thu, 16 May 2013 23:37:10 GMT Hi I am currently in a legal dispute with my now ex landlord and am to the point where i think the only way forward is to issue proceedings against him. I have been illegally evicted via forfeiture my solicitor has tried to discuss his actions in open communication but he refuses to discuss any... Hi
I am currently in a legal dispute with my now ex landlord and am to the point where i think the only way forward is to issue proceedings against him.
I have been illegally evicted via forfeiture my solicitor has tried to discuss his actions in open communication but he refuses to discuss any part of the forfeiture openly. He has tried to get me to surrender the lease he wants to claim rent after the forfeiture he will not release my equipment, stock, cash i had on the premises which he denies ever finding and my personal clothing and tools.
Also my ex landlord has put up for sale my business with my equipment he has had the business valued at 17,500.00 and is accepting offers.I am also running out of money to fight this matter please advise where i can find help and what i can claim for.
Thank you for any advice in advance. ]]> Commercial Property Questions Marshall http://www.landlordzone.co.uk/forums/showthread.php?55297-what-can-i-claim-where-to-go-for-help http://www.landlordzone.co.uk/forums/showthread.php?55257-Guidance-PLease&goto=newpost Wed, 15 May 2013 18:57:28 GMT Hi I have a residential HMO property with a HMO license that a local agent want to rent to facilitate students in an agreement that they have with the local uni. Is this arrangement of effectively letting to a company (i dont think they are a limited company) for under a company let and I have... Hi

I have a residential HMO property with a HMO license that a local agent want to rent to facilitate students in an agreement that they have with the local uni. Is this arrangement of effectively letting to a company (i dont think they are a limited company) for under a company let and I have to use different type of agreement to a normal AST. Also what are the rules and regulations regarding deposits and protection of the deposit etc. i am only familiar with direct residential lets with a person so this is new territory for me.

Kind Regards
Raj ]]> Commercial Property Questions RajK http://www.landlordzone.co.uk/forums/showthread.php?55257-Guidance-PLease http://www.landlordzone.co.uk/forums/showthread.php?55239-commercial-property-ceiling-leaking-from-leaseholder-above-flat&goto=newpost Tue, 14 May 2013 22:02:06 GMT hI!!!! all am new here i have a serious issue which has been ongoing for a period of 6 months. i have a commercial property a small store, and above my property are 6 leaseholder flats. However, the flat above my store has a shower unit that keeps on leaking every-time the tenant not the... hI!!!! all am new here i have a serious issue which has been ongoing for a period of 6 months. i have a commercial property a small store, and above my property are 6 leaseholder flats.

However, the flat above my store has a shower unit that keeps on leaking every-time the tenant not the leaseholder is have a shower. i have contacted the leaseholder and to be honest he has tried his best to fix the issue. However, the issue keeps on coming back meaning he is not fixing the problem.

ontop of this my ceiling is now showing serious signs of cracks; can i take any legal action against this leaseholder? if so am i right in saying i have to make take him to a small claims court?

thank you for any help you can give.. ]]> Commercial Property Questions nask http://www.landlordzone.co.uk/forums/showthread.php?55239-commercial-property-ceiling-leaking-from-leaseholder-above-flat http://www.landlordzone.co.uk/forums/showthread.php?55224-Rent-review-No-response-from-landlord&goto=newpost Tue, 14 May 2013 12:08:49 GMT Need some guidance on this issue please. Rent review due Nov 12. No contact from landlord until Feb 2013. Lease says rental will be rent payable previously or rent determined by review. Whichever is the greater. Market rent is 20% lower than current rent. Landlord has instructed 2 surveyors... Need some guidance on this issue please.

Rent review due Nov 12. No contact from landlord until Feb 2013. Lease says rental will be rent payable previously or rent determined by review. Whichever is the greater.
Market rent is 20% lower than current rent. Landlord has instructed 2 surveyors and each time they inform him of no uplift they are dropped.
I served notice on one surveyor of completion by 30th March 2013 or we go to a 3rd party in a line with the lease. He has been dropped so can not follow through on the notice.

Last Landlords surveyor said no point appointing a 3rd party as they will not respond to any letters and I will incur extra costs.

How can you serve notice on landlord direct to give them notice that if we do not any proposal from them by say in next 7 days we will consider the rent review is complete and next review is in 5 years time. ?

This then leaves the problem about we will never getter memorandum from them to attach to the lease. ]]> Commercial Property Questions Friday05 http://www.landlordzone.co.uk/forums/showthread.php?55224-Rent-review-No-response-from-landlord http://www.landlordzone.co.uk/forums/showthread.php?55222-Gas-Safety-amp-Tenant-s-Refurbishment&goto=newpost Tue, 14 May 2013 11:26:59 GMT What is the situation where a tenant completely refurbishes internally a property on a FRI lease, and installs gas central heating at their own expense where none previously existed. I appreciate the landlord still has to have a GSC each year after the first anniversary of its installation, but... What is the situation where a tenant completely refurbishes internally a property on a FRI lease, and installs gas central heating at their own expense where none previously existed.

I appreciate the landlord still has to have a GSC each year after the first anniversary of its installation, but who pays for any repairs to the equipment, in the event of failure, breakdown or malfuntion that might prevent a Certificate being issued? ]]> Commercial Property Questions Paul_f http://www.landlordzone.co.uk/forums/showthread.php?55222-Gas-Safety-amp-Tenant-s-Refurbishment http://www.landlordzone.co.uk/forums/showthread.php?55169-Office-used-as-work-and-living-space&goto=newpost Sat, 11 May 2013 21:23:16 GMT Hi all....I own an office and pay the local rates etc...can I legally put a bed in the spare office and sleep there...I already have a kitchen and shower room...I've heard the local council will prevent me doing this???? What's the legality.....it's my own office and me and my wife would be the only ones in it....it will never be let out as a residential property....I pay business rates ]]> Commercial Property Questions timaloy http://www.landlordzone.co.uk/forums/showthread.php?55169-Office-used-as-work-and-living-space http://www.landlordzone.co.uk/forums/showthread.php?55151-Return-of-commercial-rent-deposit-joint-deed-only-1-person-requesting-return&goto=newpost Fri, 10 May 2013 17:51:47 GMT How do you get return of a commercial rent deposit in joint names when only 1 party is asking for the return. The partnership came to an end 10 years ago and other party is not contactable. Is it correct that it can not be returned or is there a way round it by signing an undertaking to return... How do you get return of a commercial rent deposit in joint names when only 1 party is asking for the return. The partnership came to an end 10 years ago and other party is not contactable.

Is it correct that it can not be returned or is there a way round it by signing an undertaking to return if 2nd party makes a claim. ]]> Commercial Property Questions Friday05 http://www.landlordzone.co.uk/forums/showthread.php?55151-Return-of-commercial-rent-deposit-joint-deed-only-1-person-requesting-return http://www.landlordzone.co.uk/forums/showthread.php?55138-Calculating-a-partial-rent&goto=newpost Thu, 09 May 2013 23:34:11 GMT Hi

I've just found my way here, so this is my first post :-)

Would really appreciate help with this calculation please.

A tenant’s lease started on 6th Nov 2012 with a 6 month rent free period. I now need to raise a bill to take him up to the usual quarter date (June 24th) and am unsure how many days to bill for.

Please advise if this is the correct way to calculate it:

a) From the annual rent, calculate a daily rent, by dividing by 365

b) After the rent free period, the chargeable period starts on 6th May 2013 so there are 26 days in May plus 24 days in June = 50 days to bill at daily rate.

I can imagine a different answer for every part of (b)!

Out of interest, would this be the same whether commercial or residential?

Hope someone can advise, please.

Thanks, Joy ]]> Commercial Property Questions joyh http://www.landlordzone.co.uk/forums/showthread.php?55138-Calculating-a-partial-rent http://www.landlordzone.co.uk/forums/showthread.php?55059-Landlord-wishes-to-refurbish-a-multi-tenanted-office-block-needs-vacant-possession&goto=newpost Mon, 06 May 2013 14:20:55 GMT How can a landlord gain vacant possession of a multi-tenanted office block he wishes to refurbish, assuming the various tenancies end on differing dates? What protocol must he follow and what grounds could he rely on for opposition to renewal? How can a landlord gain vacant possession of a multi-tenanted office block he wishes to refurbish, assuming the various tenancies end on differing dates?

What protocol must he follow and what grounds could he rely on for opposition to renewal? ]]> Commercial Property Questions Wandawaisu http://www.landlordzone.co.uk/forums/showthread.php?55059-Landlord-wishes-to-refurbish-a-multi-tenanted-office-block-needs-vacant-possession http://www.landlordzone.co.uk/forums/showthread.php?55049-Grain-dust-issue-and-recovery-of-bond&goto=newpost Sun, 05 May 2013 14:41:59 GMT Hello all.

I signed a lease on a rural commercial property having asked at the outset what the surrounding barns were used for. The answer was the storage of machinery mostly but generally they weren't used.

Three weeks after moving in, I turn up for work and the entire building, car park and my car are covered in fine white dust and grain husks. This lasts for several weeks and while I think it strange, I don't make an issue of it.

Three months later, I can't breathe or see. The dust, (which is from the farmer processing wheat in the barn next door) has accumulated to such proportions that it's made me ill. Except I didn't know what was making me so ill until I contacted an air quality testing company who briefed me on the EU and UK laws covering the farmers obligations to contain such lethal dust.

To cut a long story short,the farmer said he couldn't change anything (couldn't comply with the regulations) and at great cost to myself, I was freed from my lease without penalty. In return,I didn't report him or take further action.
I left on the terms of my 3 months rent up front being kept by the farmer to cover his costs while a new tenant was found. A new tenant is now in situ in another part of the building but she tells me that she intends taking over the unit I left too. This means the farmer has done OK. He still received rent, has a new tenant and allowed me to break my lease without penalty.

Having left on terms where I have not contacted environmental health or insisted on compensation for loss of business, and a whole host of other things, I'm now struggling to get my bond back.

Any thoughts? Thanks ]]> Commercial Property Questions ninaw http://www.landlordzone.co.uk/forums/showthread.php?55049-Grain-dust-issue-and-recovery-of-bond http://www.landlordzone.co.uk/forums/showthread.php?55035-Commercial-Rent-Recovery&goto=newpost Sat, 04 May 2013 17:29:23 GMT *Commercial Rent Recovery* As Certificated Bailiffs we deal with many Landlords and managing agents across England and Wales in regards to the recovery of overdue rent from non-paying and problem tenants. In the UK rent arrears cost commercial Landlords hundreds of thousands of pounds if not...

Commercial Rent Recovery

As Certificated Bailiffs we deal with many Landlords and managing agents across England and Wales in regards to the recovery of overdue rent from non-paying and problem tenants. In the UK rent arrears cost commercial Landlords hundreds of thousands of pounds if not millions each year. Under the Common Law remedy of Distress for Rent, Certificated Bailiffs can enter commercial premises of a defaulting tenant and remove and sell goods owned by the tenant up to the value of the rent arrears plus the Bailiffs reasonable expenses. In effect, this right to distrain for rent permits a Landlord to recover rent arrears, without initiating court proceedings.

The Tribunals Courts and Enforcement Act 2007 received Royal Assent on 19 July 2007. Part 3 of this Act will introduce a new statutory procedure, ‘Commercial Rent Arrears Recovery’ (CRAR), to replace the current remedy of Distress for Rent. However, Part 3 has yet to be brought into effect and the coalition government recently held a consultation regarding Part 3 of the act and its implementation.

To see the consultation click here

To see the Governments response to the consultation Click Here



What is Distress for Rent?
Distress for Rent is a Common Law remedy which allows a Landlord (or more likely, a Certificated Bailiff acting as his agent) to distrain (i.e. seize) goods that are present at the premises and retain them until the rent arrears are paid or the seized goods are sold at public auction to off-set the rent arrears. This remedy is not available for residential rent arrears. A Certificated Bailiff is a Bailiff Certificated in the County Court and has been vetted by a Judge to make sure that he or she is a fit and proper person to hold such Certificate. The process of Certification comes under The Distress for Rent Rules 1988 and amendments.



What goods can be seized?
The basic Common Law rule is that if the rent is in arrears the Landlord can seize and distrain all the goods and chattels in the property from which the rent is due, regardless of their ownership. However, this rule has been modified by statute and as a consequence some goods are privileged (i.e. protected) from distress. The exceptions comprise of goods absolutely privileged and goods conditionally privileged (known as qualified privilege).

Items given absolute privilege are exempted completely from seizure.

They include:
> Perishable items;
> Things in actual use (including clothes being worn);
> Household goods and tools of the trade (e.g. tools of the trade can include items hired);
> Goods held in the course of business on trade premises as a direct part of the tenant’s business (e.g. items left for repair, customers’ clothes in a dry cleaners, furniture held in store, goods on pawn or at an auctioneer’s and goods held by a sale agent acting on commission). It follows from this that goods held by a shopkeeper on ‘sale or return’ may be protected but goods purchased by a retailer from a wholesaler will not;
> Goods on hire purchase or conditional sale subject to a default notice, a suspended delivery order or a termination notice;
> Hired and leased goods are exempt from distress for rent because they cannot be regarded as the tenant’s property;
> A third party’s goods (e.g. the property of lodgers, sub-tents, strangers and other unconnected third parties is absolutely privileged).

A. Qualified privilege
The items granted qualified privilege can only be taken if there are insufficient other goods. The Landlord may be sued for seizing goods with qualified privilege unless s/he genuinely believed that there were no alternative items. Qualified privilege mainly concerns tools of the trade, in excess of those already protected by absolute privilege.

B. No privilege
Certain categories of goods are specifically excluded from protection (i.e. can always be seized)
> Goods belonging to the tenant’s spouse or partner;
> Goods lent to the tenant (i.e. goods on ‘permanent loan’ with no conditions attached would be seizable);
> Goods belonging to the tenant’s business partner;
> Goods in the possession in any bill of sale or hire purchase agreement [except those which are subject to a default notice served under the Consumer Credit Act 1974]

After 5 days from, but not including, the date of the distress, if the arrears remain unpaid or replevin has not been commenced, the Landlord or his agent may sell the items seized for the best price that may be obtained. The period of 5 days can be extended to 15 days at the tenant’s request, in order to allow replevin.



What is Replevin?
Replevin is a Court action to recover goods that the tenant believes have been illegally seized.

Often debtors are aggrieved that the value of the items taken by Bailiffs from the commercial premises far exceeds the debt owed. Unfortunately, public auctions raise very little, so Bailiffs often seize a lot in order to ensure the debt will be repaid in full from the sale proceeds. However, if more money is raised from the sale than is needed to repay the debt plus costs (including the Bailiffs’ charges), the excess must be returned to the tenant.

Note: One of the biggest problems a Bailiff faces when removing goods is that the tenant believes that because he paid £x for an item it is still worth £x. As a general rule Bailiffs will value goods at around 10% of its original value. Something that is not taken into account by tenants is the cost of removing goods (especially when they are specialist items and extra men and equipment need to be brought in to assist in the removal), storage fees, appraisement (if requested) and auctioneers Fees.

To see Appendix 1 (Table of fees) Click Here



Possible Court Actions
Complaints can be made if the Certificated Bailiff has levied illegally. This means that they have levied on goods which cannot be seized.

Where a Bailiff has levied illegally, the debtor, or owner of goods, may be able to sue to recover compensation. Such claims will often be in the County Court, and could involve claims for:
> Trespass to land, where a Bailiff entered the property unlawfully; or,
> Trespass to, or wrongful interference with, goods, where there has been a direct, forcible seizure of goods. The main claims relating to wrongful interference will come under the tort of conversion (briefly, misappropriation of another's goods constitutes conversion). These include an illegal sale of goods; an illegal detention of goods depriving a person of their use or possession; and, wrongful destruction, where there has been a negligent loss or destruction of goods.

Other remedies that may be open to the debtor, or owner of goods, are to apply for an injunction (for example, preventing the Bailiff from selling goods) or to apply for replevin (which is an obscure remedy to recover goods that have been illegally seized).

Complaints can also be made if the Bailiff have levied irregularly, or excessively. A Bailiff levies irregularly where he seizes the correct goods, but the procedures followed were not correct (e.g. the Bailiff sells the goods after the debtor has paid the debt). A Bailiff has levied excessively if the value of the goods seized is obviously more than the amount of the debt. There would not be a claim if there were no other goods for the Bailiff to take. As mentioned above, if more money is raised at auction than the amount of the debt (including Bailiff fees and the cost of removing and selling goods) the balance should be returned to the debtor.



CRAR
Part 3 of The Tribunals Courts and Enforcement Act 2007 will introduce a new statutory procedure, the ‘Commercial Rent Arrears Recovery’ (CRAR), to replace the current remedy of Distress for Rent. However, Part 3 of the TCEA 2007 has yet to be brought into force; an order of the Lord Chancellor is required to bring Part 3 into effect.

The new CRAR procedure for recovering rent for commercial properties will have many similarities to the current remedy of Distress for Rent. A Certificated Bailiff will still be able to enter leased premises and remove and sell goods owned by the defaulting tenant. However, the procedure will only be available for ‘pure’ rent arrears; arrears of other payments, for example, service charges or insurance contributions, cannot be recovered by this procedure. Under the CRAR procedure, a Landlord must first serve an enforcement notice on the defaulting tenant. Following the expiry of the notice period, only an Enforcement Agent can then enter the leased premises to remove goods. CRAR will only be available where a minimum amount of rent remains unpaid. Details such as the minimum level of arrears, the form of notice and the required notice period will be contained in regulations which have yet to be drafted. ]]> Commercial Property Questions vicks http://www.landlordzone.co.uk/forums/showthread.php?55035-Commercial-Rent-Recovery