LandlordZONE

27

Nov, 2014

Thursday

Search:

Type: Posts; User: Lawcruncher; Keyword(s):

Page 1 of 18 1 2 3 4

Search: Search took 0.08 seconds.

  1. Replies
    14
    Views
    238

    If a property built 5 years ago is on a 999 year...

    If a property built 5 years ago is on a 999 year lease there is probably a good reason for it.

    One is that the developer was not satisfied with making his money from the development, but, to use...
  2. Replies
    9
    Views
    204

    Simply showing you live elsewhere is not going to...

    Simply showing you live elsewhere is not going to be enough. It is the case for most ASTs.
  3. Replies
    9
    Views
    204

    "I realise that the occupant is not actually on...

    "I realise that the occupant is not actually on holiday but he agreed to a short term let as it suited him."

    The words "not actually on holiday" say it all if the realisation preceded the...
  4. But my point is that if there is an opening and...

    But my point is that if there is an opening and without glass it would not be considered a window, it ought not to be considered a window if filled with glass.
  5. I am not suggesting that any window with a fixed...

    I am not suggesting that any window with a fixed pane is not a window.

    A window is essentially an opening in a wall (or for that matter a roof but let's not complicate things). Its purpose is to...
  6. A section 21 notice is not a notice to quit. Any...

    A section 21 notice is not a notice to quit. Any doubt on the point is removed by referring to section 5(1) of the Housing Act 1988: "...the service by the landlord of a notice to quit is of no...
  7. We can of course only guess what was (or was not)...

    We can of course only guess what was (or was not) in the mind of the draftsman, but I cannot help feeling that if he had known that the flat was like it is that he would have specifically provided...
  8. What probably happened here is that the fact that...

    What probably happened here is that the fact that the exterior of the flat is almost entirely glass was not taken into account when the lease was drafted. That leaves us with having to consider what...
  9. It certainly is not. I did though answer the...

    It certainly is not. I did though answer the question asked. The chances of forfeiting a 999 year lease at a ground rent (if that is what is payable) are pretty remote. Even where a full rent is...
  10. In an investment situation where the parties have...

    In an investment situation where the parties have not declared their objectives and set out in detail how the investment is to be managed or disposed of, whether on the open market or by one owner to...
  11. Replies
    58
    Views
    1,393

    A well-drafted guarantee is like a crash helmet....

    A well-drafted guarantee is like a crash helmet. If you wear the crash helmet on your head and go out on a bike the risk of a serious head injury if you fall off is significantly reduced. If you wear...
  12. Replies
    5
    Views
    261

    Except in the unlikely event that your lease...

    Except in the unlikely event that your lease allows the landlord to cut the electricity off in the evening, he cannot do so. I suggest you ask your solicitor to write to him asking him to desist. If...
  13. Is there such a thing as the share of a freeehold?

    Is there such a thing as the share of a freehold?

    Yes.

    A quote from Megarry & Wade, the bible of real property law:

    Unlike joint tenants, tenants in common hold in undivided shares: each...
  14. Replies
    4
    Views
    258

    A bit tricky. Thinking aloud... If a letting...

    A bit tricky. Thinking aloud...

    If a letting agent puts his name in a tenancy agreement as the landlord when he is not in fact the landlord, then, whilst the tenant is entitled to regard the agent...
  15. Replies
    18
    Views
    470

    You can serve as many section 21 notices as you...

    You can serve as many section 21 notices as you like and rely on any which is valid.
  16. Replies
    18
    Views
    470

    There are two different thing: the date of...

    There are two different thing: the date of service and the date of the notice. The date of the notice is not that important. However, if the date of the notice postdates the date of service you may...
  17. Unless there is a case I have missed which has...

    Unless there is a case I have missed which has settled the point, there is doubt whether when the relationship of landlord and tenant already exists an agreement to exclude security of tenure can be...
  18. You need to serve a section 146 notice on the...

    You need to serve a section 146 notice on the tenant before taking action. The basics are explained here: http://www.darlingtons.com/site/commercial_leases/forfeiture/
  19. Replies
    21
    Views
    801

    How about claiming on the insurance?

    How about claiming on the insurance?
  20. Replies
    58
    Views
    1,393

    What I am trying to get over is that it is more...

    What I am trying to get over is that it is more than that. What is unfair in one guarantee is almost always going to be unfair in another. However, what is entirely possible is that a form of...
  21. Hope the idea catches on and spreads like...

    Hope the idea catches on and spreads like wildfire through the whole BTL sector.
  22. Replies
    13
    Views
    423

    One way to bring about a recession is to predict...

    One way to bring about a recession is to predict one. It is usually only opposition parties who do that. Strange behaviour from Cameron.
  23. Replies
    58
    Views
    1,393

    I said above: An agreement under hand made in...

    I said above:

    An agreement under hand made in consideration of the sum of one pound paid by the landlord to the guarantor should prove to be sufficient consideration.
  24. Replies
    58
    Views
    1,393

    The questions to be asked when looking to enforce...

    The questions to be asked when looking to enforce a guarantee are:

    1. Is it a deed and, if not, is it made for a sufficient consideration? Making the guarantee a deed removes all doubt. The snag...
  25. Replies
    58
    Views
    1,393

    It is not a question of whether there is any...

    It is not a question of whether there is any consideration for the guarantee, but rather that when the courts look at guarantees generally they divide them into two categories: those where the...
Results 1 to 25 of 450
Page 1 of 18 1 2 3 4