LandlordZONE

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Sep, 2014

Tuesday

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  1. "(Is that normal, you pay even if you find the...

    "(Is that normal, you pay even if you find the tenant yourself through friends/family?)"

    It depends upon what you've agreed with your agents. You could suggest that should you find a tenant...
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    Subject to anything in the lease to the contrary,...

    Subject to anything in the lease to the contrary, I doubt you need the landlord's consent to assign the lease for your company's interest: you could simply sell the shares in the company. Getting you...
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    The landlord is either responsible or he is not....

    The landlord is either responsible or he is not.
    Presumably you've read the lease carefully to check.
    If you feel he's trying it then instruct a solicitor to serve s26 notice: if the landlord wants...
  4. Marketing is about identifying who might want to...

    Marketing is about identifying who might want to rent the units and contacting them to find out, etc.
    You can tackle the market yourself or use agents. Agents are more likely to receive enquiries,...
  5. What rights do we have now? Same as before. ...

    What rights do we have now?

    Same as before.

    Can we sue landlord for selling?

    Probably not, depending upon whether there are grounds for reasoning part performance. You would need to...
  6. The answer to your question depends on the terms...

    The answer to your question depends on the terms of the rent deposit deed - what was agreed in writing as to under what circumstances the deposit would be returned.

    ---

    Paragraphs are not an...
  7. I aree with Lawcruncher that you could refuse to...

    I aree with Lawcruncher that you could refuse to renew the lease in July 2015 because you want the property for your own occupation, but there are other ways to get the tenant out, not least for...
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    Rating is no longer my scene but I think you'll...

    Rating is no longer my scene but I think you'll find the units would have to be structurally reconstituted so as to be capable of being used individually for the VOA to agree to reassess a split into...
  9. Assuming your existing tenancy would qualify for...

    Assuming your existing tenancy would qualify for renewal rights under Landlord and Tenant Act 1954 then the landlord can only renew by agreement if you want to, otherwise the landlord would have to...
  10. Provided you have a lease, whether or not the...

    Provided you have a lease, whether or not the tenancy is inside or outside the LTA54, it is safe to assume the security of the contractual term is 3 years, less however long you've been in the...
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    There is no going rate for compiling the SoD and...

    There is no going rate for compiling the SoD and serving but generally surveyors are mindful of the protocol. £550 plus VAT doesn't sound unreasonable to me, but does rather depend upon the extent of...
  12. Successful investment in commercial property is...

    Successful investment in commercial property is not about yield but location and growth prospects. An asking price equivalent to 8.4% when you have to do all the work to get the income up is too...
  13. I reckon the asking price for the freehold is...

    I reckon the asking price for the freehold is about 50% too high.
  14. Whether the ingoing tenant is required to pay the...

    Whether the ingoing tenant is required to pay the landlord's legal costs or a contribution as in this case is a matter for negotiation: there are no hard and fast rules. The Costs of Leases Act 1958...
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    From what you've told us the wife signed the...

    From what you've told us the wife signed the lease, not the husband so surely you'd want to talk to her about it, not him?

    Getting a tenant to honour a repairing covenant is rarely straightforward.
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    One hopes tenants and their employees won''t get...

    One hopes tenants and their employees won''t get nasty when asked to comply with the terms of the lease but actually it's only because most people display common courtesy no matter how cheesed off...
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    "l will remember what he did to me and ensure he...

    "l will remember what he did to me and ensure he refurbishes my property top down before l agree to sign the new lease."

    Be careful not to fall foul of LTA1988 and end up being sued for damages in...
  18. I am concerned you have written to the landlords...

    I am concerned you have written to the landlords when it's clear you don't really understand how to deal with the situation: why else else enquire of this board? Through inexperience of these...
  19. Thank you for your comments. Astronomical fees,...

    Thank you for your comments. Astronomical fees, albeit a relative term, are par for the course nowadays. However, I am not a lawyer and not qualified to give legal advice so am unable to up my fees...
  20. The landlord is not acting outside the Act as you...

    The landlord is not acting outside the Act as you put it: there is nothing unlawful about asking occupants to contract out of the Act. The question is whether the occupancy would qualify for renewal...
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    how about a card displayed in local newsagents'...

    how about a card displayed in local newsagents' windows?
    how about asking the existing tenants to recommend availability, you could pay them an incentive by way of slight discount on their rent, or...
  22. I don't think a deed of surrender is required:...

    I don't think a deed of surrender is required: the tenancy can be ended by operation of law.

    Re surrender by operation of law: " A surrender by operation of law is inferred from the conduct of the...
  23. You should check your lease and read what it says...

    You should check your lease and read what it says about landlord doing works to the property.

    1. Not necessarily, and most unlikely - but all leases are different, yours may contain more...
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    Interim rent is only payable if either the LL or...

    Interim rent is only payable if either the LL or the T has applied to the court. It's a separate application but is often included with the main application for renewal.

    Where the landlord gave a...
  25. Gentleman's agreements don't have any efficacy in...

    Gentleman's agreements don't have any efficacy in law: it's simple a matter of mutual trust. If the upstairs business tenant has a tenancy that would qualify for renewal rights under LTA54 then the...
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