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Aug, 2014

Thursday

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  1. Replies
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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...
  2. 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...
  3. 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...
  5. 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...
  6. I reckon the asking price for the freehold is...

    I reckon the asking price for the freehold is about 50% too high.
  7. 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...
  11. 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...
  12. 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...
  13. 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...
  15. 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...
  16. 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...
  18. 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...
  19. Using solicitors? You should instruct bailiffs....

    Using solicitors? You should instruct bailiffs. The procedure changed on 6 April 2014 with the introduction of CRAR* but provided you get it right there's no reason why you should not do the notice...
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    You'd be buying a lease that is "Held from the...

    You'd be buying a lease that is "Held from the District Council of Basingstoke for a term of 99 years from 10th January 1975 until 2074 at a current rent reserved of £11,500 per annum exclusive. The...
  21. It could be an occupational licence which if the...

    It could be an occupational licence which if the prospective tenant was given exclusive possession then is now either a periodic tenancy or a tenancy-at-will. Either way, that nothing was in writing...
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    I've now read post 11. Fair enough, but...

    I've now read post 11. Fair enough, but presumably you didn't have to keep the property after it was inherited, you could've sold it before…
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    No. The LTA54 Part II is only concerned with the...

    No. The LTA54 Part II is only concerned with the parties' rights on expiry and renewal of a business tenancy.

    Anything else concerning the management of the tenancy is a matter of agreement and...
  24. Do you mean to claim a tenancy with the licensor?...

    Do you mean to claim a tenancy with the licensor? No. "I very much doubt the licensee would succeed in claiming a tenancy" refers to your interest. The licensor/the tenant already has a tenancy, I...
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    To obtain (some personal) information, I suggest...

    To obtain (some personal) information, I suggest serving s40(1) notice (in the prescribed form) The purpose of the notice is as follows:

    Where a person who is an owner of an interest in reversion...
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