LandlordZONE

05

Jul, 2015

Sunday

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    Assuming your Section 25 notice was valid &...

    Assuming your Section 25 notice was valid & served correctly then you're indeed correct, the tenant has no right to remain within the property unless they've made an application to the court, or an...
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    The fees chargeable for collecting service...

    The fees chargeable for collecting service charges should not be directly related to the level of service charge.

    Both of these fees will depend upon whether the agent that collects the service...
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    Landlord cannot forfeit the lease and claim your...

    Landlord cannot forfeit the lease and claim your goods within the property. He can no longer claim distress on the property without following the rules of the Commercial Rent Arrears Recovery...
  4. My understanding is that is what has happened...

    My understanding is that is what has happened here... the issue is that it was disconnected and they're asking for a reconnection fee from the Landlord, notwithstanding the fact that he was not...
  5. So it was probably a lease rather than a licence?...

    So it was probably a lease rather than a licence? Exclusive occupation?

    Was there an express provision for forfeiture in the agreement?
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    The reason the Landlord hadn't levied distress...

    The reason the Landlord hadn't levied distress was because he would be unable to do so - you cannot say a lease is forfeit but then claim distress against the goods within the property.

    I'm...
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    Non-payment of business rates is a criminal...

    Non-payment of business rates is a criminal offence. Did your office have its own rateable value or did it form part of a larger property? Was the office self contained and capable of sole...
  8. Not sure how ram expects you to be able to check...

    Not sure how ram expects you to be able to check whether the utilities are being paid, you have no legal right to that information and I do not know how you would go about finding out, other than...
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    Empty property rates runs with the property and...

    Empty property rates runs with the property and not with owner/occupation. The previous tenant may have been claiming void relief if they had vacated - worth arguing this point if they had not...
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    Estates Gazette Awards have a variety of...

    Estates Gazette Awards have a variety of differing categories.
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    There's common law which states receipt of the...

    There's common law which states receipt of the keys is not acceptance of a surrender. It depends upon your actions thereafter, were they consistent with your belief that the tenancy was continuing?...
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    Was an interim rent request made (Section 24a)?...

    Was an interim rent request made (Section 24a)? Did the arbitrator make reference to the interim rent at the date of the completion of the new lease? What is the rent commencement date under the new...
  13. I don't really understand the question. If you're...

    I don't really understand the question. If you're purchasing a property and rent has been paid in advance for a quarter then the pro-rata rate maybe returned - it depends upon the negotiations.
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    The lease does not stop being in your name until...

    The lease does not stop being in your name until its either assigned or surrendered. If the purchaser of the business wishes they can purchase the property and have their solicitor draft a deed of...
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    But if the tenant is using it for A1 then you no...

    But if the tenant is using it for A1 then you no longer have an A3 consent? Once the use is implemented then you cannot revert to A3 without consent.
  16. I think you're looking at the position in a very...

    I think you're looking at the position in a very limited view - if someone wants to hold a property as an investment, in my professional opinion they will achieve a higher rent by having the lease...
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    If there is an intensification of the use, you...

    If there is an intensification of the use, you may require a consent for the first floor.
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    If the property is subject to VAT then VAT will...

    If the property is subject to VAT then VAT will be payable on the purchase price yes. You can personally register for VAT - the issue is, if you recover the VAT from the purchase, then you will need...
  19. Worth mentioning that the tenant will probably...

    Worth mentioning that the tenant will probably have the usual alienation provisions - ie the right to assign or sublet with consent (which is not to be unreasonably withheld).
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    I agree with Lawcruncher - by the sounds of...

    I agree with Lawcruncher - by the sounds of things the OP doesn't have the necessary knowledge or understanding to carry out the same. Just because a lease has an upwards only provision, it does not...
  21. Sounds to me like you did a very stupid deal and...

    Sounds to me like you did a very stupid deal and will be lucky if you're able to remedy this.

    I don't know who Mervin is, but his ascertains are wrong. No one on this planet could argue that...
  22. What action, if any, have the tenant taken?

    What action, if any, have the tenant taken?
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    Long Leasehold Residential Insurance

    Hi All,

    I manage a commercial property which has a residential tenant on first floor. Insurance fell due back in September, notice was served on the tenants requiring payment. Issue is this:- Long...
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    Sounds like a degree question to me - think I...

    Sounds like a degree question to me - think I even had a similar question from the CEM a couple of years ago.

    1 - forfeiture - non-payment of rent, mutual agreement - negotiation to take a...
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    Why is that outrageous. If the rent is £14,000...

    Why is that outrageous. If the rent is £14,000 and you have 12 years left to run on it, you owe him £168,000 with the addition that he will be liable for business rates, utility standing charges etc....
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