LandlordZONE

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Jul, 2014

Thursday

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  1. I know of cases particularly with smaller...

    I know of cases particularly with smaller properties where Landlords require an upfront payment or contribution of fees. You can say no, but it all really depends upon the negotiating strengths of...
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    In reality, the person who sat before your...

    In reality, the person who sat before your previous hearing probably had very little knowledge of the process - they've many areas of law to be involved with. With dilapidations, it is uncommon for...
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    It sounds quite a simple one... when you say the...

    It sounds quite a simple one... when you say the tenant signed a FR&I lease, I assume it had the usual wording "to put and keep in good repair?" or words to that effect.

    The costs are the costs,...
  4. Generally most landowners will be aware of the...

    Generally most landowners will be aware of the situation prior to making the offer to purchase, any purchaser should be well aware of the situation and have taken proper legal advice as to the status...
  5. I'm a bit late in on this one... But to the OP,...

    I'm a bit late in on this one... But to the OP, are you paying rent or providing services in lieu of a rent? LTA 1954 will undoubtedly entitle you to a new lease at a market level if you can satisfy...
  6. Have you not gone down the route of a S146 notice...

    Have you not gone down the route of a S146 notice seeking forfeiture? Or CRAR?
  7. If your lease was not contracted outside the act...

    If your lease was not contracted outside the act then I do not believe any break option can be exercised by the Landlord. The lease will probably make reference to successors in title so any...
  8. You may have the right to self help depending...

    You may have the right to self help depending upon the extent of the building works. It sounds as though it would be a fairly clear cut case, do you doubt the neighbours ability to pay costs which...
  9. Do you have exclusive occupation of the property?...

    Do you have exclusive occupation of the property?

    If you have exclusive occupation and you are able to exclude other users from the property you may indeed have protection under The Landlord and...
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    Have you gone down the route of interim schedule...

    Have you gone down the route of interim schedule of dilapidations and formal service or service of a S146 notice?
  11. I believe there are a number of relevant matters...

    I believe there are a number of relevant matters of case law on the subject - there was a leading case where a tenant had external works to their demised property done that were a necessity. Dust and...
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    Deposit agreements are contained within a rent...

    Deposit agreements are contained within a rent deposit deed.

    The interest belongs to whoever it is deemed to belong to within the rent deposit deed.
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    Shelter are mistaken. Giving notice on the 27th...

    Shelter are mistaken. Giving notice on the 27th expiring at the end of the 26th is not a full month as obviously you are missing hours out of your notice period, nor does it have any regard as to the...
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    There are various websites where you can list...

    There are various websites where you can list through third party agencies I believe for circa £30-£50. I found...
    ...
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    Single rooms maybe best advertised through social...

    Single rooms maybe best advertised through social media. We get a lot of our tenants for multi let office blocks - ie single offices via Facebook groups and through word of mouth. Rightmove maybe...
  16. Thread: VAT on rent

    by MrJohnnyB
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    Have you asked to see a copy of their election to...

    Have you asked to see a copy of their election to charge VAT?
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    The landlord cannot serve you notice under the...

    The landlord cannot serve you notice under the grounds for own occupation unless they have owned the property for more than 5 years.... See section 30 (2) - a quote below...


    (g)subject as...
  18. You need to serve a Section 146 notice on them in...

    You need to serve a Section 146 notice on them in relation to any breaches that are complained of.
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    If the building is listed then yes you'd be...

    If the building is listed then yes you'd be entitled to exemption, you would also if it was under the threshold size.

    Assuming neither of these are correct you could probably take up rateable...
  20. Your lease should state that the tenant is liable...

    Your lease should state that the tenant is liable for your costs associated with an assignment. After all, why should you pay fees for something that benefits him?

    In any event, if it's relatively...
  21. Do you have exclusive possession over the land in...

    Do you have exclusive possession over the land in question? Did you ever sign anything?

    If you do then you can serve a Section 26 Notice requesting a new lease.
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    That is just the title information in relation to...

    That is just the title information in relation to the lease. It isn't the lease itself. The Tenant is the private individual as mentioned and the owner is a trust for which I assume the private...
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    Need a bit more info... Ground rent? Restrictions...

    Need a bit more info... Ground rent? Restrictions on Lease? The way in which a valuer would value a long lease is perhaps not going to give you the right answer.
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    I doubt that we would advise that... you may,...

    I doubt that we would advise that... you may, however! It is difficult to place a value on the breach of covenant or the trespass or loss suffered. It would be inequitable to award large damages to a...
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    People are giving a lot of definitive answers...

    People are giving a lot of definitive answers without knowing the full facts of the case/the type of agreement in place/the basis of occupation relative to job/the other issues at play - ie...
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