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May, 2015

Saturday

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    What you say suggests you are selling and not...

    What you say suggests you are selling and not buying.

    A C(iii) land charge is a general equitable charge. The most common kind is where a loan is made and is secured not by a mortgage made by...
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    The way to look at it is that the law requires...

    The way to look at it is that the law requires the formality of a deed to transfer or create a legal estate, but allows exceptions. The reason for the exception of surrenders by operation of law is...
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    "Surrender by using Declaration of Surrender" is...

    "Surrender by using Declaration of Surrender" is not a recognised procedure for ending a tenancy. It is quite possible for a tenant to sign something which declares he has surrendered the property,...
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    Yes. Strange but true! A surrender involves...

    Yes. Strange but true!

    A surrender involves the conveyance of a legal estate and (unless a surrender by operation of law) is not one of the exceptions set out in section 52(2) LPA 1925.
    ...
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    I am inclined to think that "amend" means...

    I am inclined to think that "amend" means something like "change for the better something which needs correcting". Whether there are any judicicial definitions of the word in the context of property...
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    kingy, If you want to get it right DIY is not...

    kingy,

    If you want to get it right DIY is not recommended. Instruct a conveyancer with the necessary experience.
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    The activity you report does not amount to...

    The activity you report does not amount to adverse possession.
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    Wherever that appeared it is wrong. What needs to...

    Wherever that appeared it is wrong. What needs to be surrendered is the tenancy, not the agreement.
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    If the error is down to the solicitor he fixes it...

    If the error is down to the solicitor he fixes it free of charge and without delay - no doubt about that. It should not prove to be too difficult to fix. The registration should show the company...
  10. Not really, no. The term, if valid, would...

    Not really, no. The term, if valid, would survive. (The important words there are "if valid".)
  11. Important rule: Do not let the tax tail wag...

    Important rule:

    Do not let the tax tail wag the all-other-things dog.
  12. See post 425 in this thread:...

    See post 425 in this thread: http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing&p=544684#post544684
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    Sticky: In another thread Wannadonnadoodah said: ...

    In another thread Wannadonnadoodah said:



    Let's consider a case where a right of entry is implied as a term of a tenancy by statute. Section 11(6) of the LTA 1985 provides:

    In a lease in...
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    It must be signed by all the tenants.

    It must be signed by all the tenants.
  15. Indeed. Assuming there is indeed a contract, the...

    Indeed. Assuming there is indeed a contract, the OP cannot expect to walk away from it with paying something. Equally though, the landlord must not be allowed to use the siuation to generate some...
  16. I do not think that any mortgage interest payable...

    I do not think that any mortgage interest payable by the landlord can come into it. In two cases which are identical except that in one case the landlord has a mortgage but in the other he does not...
  17. Go here: http://swarblaw.co.uk/ and post your...

    Go here: http://swarblaw.co.uk/ and post your question in the "Professions, Legal and Other and their Students" forum.
  18. There are two distinct things: (a) a tenancy ...

    There are two distinct things:

    (a) a tenancy

    (b) a contract for a tenancy

    Due to the dissemination of misinformation by the internet, the idea has arisen that, because a tenancy cannot be...
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    Except in the case where the lease is a...

    Except in the case where the lease is a concurrent lease granted for a term less than the original lease, it has to be implicit that a tenant returns the premises with vacant possession at the end of...
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    What does your lease say about what the premises...

    What does your lease say about what the premises may be used for and alterations?
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    The OP can only be fully advised by a lawyer who...

    The OP can only be fully advised by a lawyer who has all the facts and seen the relevant paperwork. Speculating...

    If the tenancy the OP granted was to a company it could not have been an AST....
  22. I am not sure I follow your logic here. Either...

    I am not sure I follow your logic here. Either the tenant gets the garage or he does not. If he gets it then you still have your perceived problem with the deposit. However, I cannot see that the...
  23. Illegal surely:...

    Illegal surely: http://www.legislation.gov.uk/ukpga/Eliz2/1-2/23
  24. There are two ways to grant a tenancy: 1. By...

    There are two ways to grant a tenancy:

    1. By deed

    2. By it taking "effect in possession for a term not exceeding three years (whether or not the lessee is given power to extend the term) at the...
  25. Just because something is in a contract does not...

    Just because something is in a contract does not mean it is enforceable. The view the law takes is that a contract to let and/or manage a property is just that. Anything unconnected with the core...
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