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12

Feb, 2016

Friday

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  1. Replies
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    I am not sure I quite understand how what the...

    I am not sure I quite understand how what the present position is and what the buyer wants. Who exactly owns what at the moment? Are any subleases involved? Are you being legally represented?
  2. I would not bother asking them if they own it as...

    I would not bother asking them if they own it as that is an invitation to say they do if they do not.

    If the purchase was as long as 20 years ago and any purchaser failed to register he cannot now...
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    Unless there is a definition which supports a...

    Unless there is a definition which supports a different interpretation, "entryphone system" must mean the whole thing, even if the lease says the tenant is to repair the interior.

    All the...
  4. I think the first thing to do is to go back to...

    I think the first thing to do is to go back to the firm which acted on the sale of the leases and ask if they have any record of the freehold being sold. It is quite possible the freehold was sold...
  5. A bit tricky. On what basis is the tenancy...

    A bit tricky. On what basis is the tenancy continuing if the tenant has left?
  6. You have served a section 21 notice so we are all...

    You have served a section 21 notice so we are all assuming that the tenancy is an assured shorthold tenancy. If it is, then if the tenant stays on after the fixed term expires* a new statutory...
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    A clear and unequivocal indication is to be found...

    A clear and unequivocal indication is to be found in section 4(2) of the Theft Act 1968:

    A person cannot steal land, or things forming part of land and severed from it by him or by his directions,...
  8. A snag you may have is that the sub-letting must...

    A snag you may have is that the sub-letting must be "in accordance with the practice of the licensing trade in force at the date hereof" which means as it was in 1975. It probably comes down to...
  9. I think it is clear that the letting has to be to...

    I think it is clear that the letting has to be to a tied tenant. I think you have to read it as a "sub-letting to a tied tenant (a) on an annual basis or (b) for a term not exceeding three years....
  10. Subletting needs consent unless covered by the...

    Subletting needs consent unless covered by the exception mentioned. Before commenting on that I need to know if "tied tenant" is defined in the lease. If it is, what is said?
  11. 1) When do I need to have my insurances in place?...

    1) When do I need to have my insurances in place? at exchange?

    It depends what the contract says. Ask your solicitors.

    2) when do I start to receive the rental income from the tenants? at...
  12. Nice try by the agent. but no. Respond as...

    Nice try by the agent. but no.

    Respond as follows:

    · Your demise is clearly stated in Schedule C and clause 2 and stipulates that your demise is only up to the underside of the ceiling and not...
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    As AndrewDod says, the fact that your property...

    As AndrewDod says, the fact that your property has the benefit of a right of way over the hallway means that you have always had consent to use it and therefore your occupation cannot be adverse. It...
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    "...we need to give notice at the end of this...

    "...we need to give notice at the end of this month"

    Does it say that? It does not in what you have quoted.
  15. Mesne profits are payable for the period of...

    Mesne profits are payable for the period of actual occupation. There is no entitlement in advance - and obviously not to "rent". As theartfullodger says, it is unwise to demand mesne profits while a...
  16. You can edit it.

    You can edit it.
  17. It does not say that the premises extend only to...

    It does not say that the premises extend only to the ceiling, but confirms which part of the ceiling is included. Saying what is included does not mean that what is not mentioned as included is...
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    Not really, no. If the lease is granted to A and...

    Not really, no. If the lease is granted to A and B they are the tenants. The company can only become the tenant if the lease is assigned by deed.

    However, if the company is effectively going to be...
  19. No. The reference is only to "rights". The...

    No. The reference is only to "rights". The purpose is to ensure that no easements (that is rights like rights of way, drainage etc) are not granted except as set out in the schedule. Section 62...
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    "A and B trading as XYZ" is a formula for a firm....

    "A and B trading as XYZ" is a formula for a firm. As you correctly say, that makes A and B the tenants. Adding "trading as" does not actually achieve anything except indicate that A and B are in...
  21. After reading everything, the loft is not clearly...

    After reading everything, the loft is not clearly included or excluded and there is nothing in the way of rights granted or reserved which implies anything one way or the other.

    Please refer to...
  22. Is the loft, cellar or balcony included in the lease?

    What follows is necessarily a summary of the law. Every case depends on its facts. The devil is often in the detail.

    I refer only to lofts, but the same principles apply to balconies and cellars....
  23. What was said before you bought is not relevant...

    What was said before you bought is not relevant unless claiming rectification.

    Before commenting further I would like to see the next page(s) showng the rights reserved.
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    The notice served was invalid as it ended on the...

    The notice served was invalid as it ended on the wrong date. However, the subsequent dealings have amounted either to you agreeing to accept short notice or concluding a surrender by operation of...
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    Got it now! Yes there is an advantage. It...

    Got it now!

    Yes there is an advantage. It turns on the definition of "owner" for council tax, the owner being liable if no one is in residence. An owner is someone with a material interest which...
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