LandlordZONE

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Jul, 2016

Monday

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  1. Replies
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    But it goes on to say "or any permitted sub...

    But it goes on to say "or any permitted sub tenant"
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    I wouldn't bother about mediation, you could...

    I wouldn't bother about mediation, you could haggle about cost or ask a ftt to determine a reasonable amount as Is your right.
  3. It's upto the FH to take action for breaches of...

    It's upto the FH to take action for breaches of the lease, does the lease say you can ask the FH to take action on your behalf (alas this clause often says you are liable for costs).

    It's worth to...
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    Only the court one, pretty pointless, only maybe...

    Only the court one, pretty pointless, only maybe useful if you want to come to an agreement to avoid legal action but it appears the FH is unlikely to change his mind.
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    But then surely any let is a "business" as its...

    But then surely any let is a "business" as its something that generates money ? I don't think there is a difference between holiday letting and longer term letting, I don't think one is a business...
  6. So they don't actually allege a breach ? Whilst...

    So they don't actually allege a breach ? Whilst they make not like the change the lease may not specifically prohibit it, some leases would say nothing on the matter other leases in somewhat...
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    Why wouldn't a holiday let be allowed ? , it...

    Why wouldn't a holiday let be allowed ? , it allows sub letting, surely a holiday let is a sub let. Although you may have to keep asking permissions and the FH maybe able to ask for a fee each time.
  8. So it's clear that gr and sc have been demanded...

    So it's clear that gr and sc have been demanded and accepted over the past years.

    What is important is did the FH know of the breach ? Or at least suspect ?

    I know when dealing with issues of...
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    Whoops went past that n only saw the first...

    Whoops went past that n only saw the first original post.

    So the only allowable option is to let the whole flat for more than 3 months at a time ?
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    We don't know if sub letting of part is...

    We don't know if sub letting of part is prohibited. All we know is that letting of the whole is prohibited.

    As for the 3 month part, yes that makes sense although I suspect that there could be a...
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    Is this a legal requirement ? I very much doubt...

    Is this a legal requirement ? I very much doubt it is for older building, pretty certain my flat hasn't fire/noise insulation .
  12. Replies
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    Also ultimately it's not upto how the FH reads...

    Also ultimately it's not upto how the FH reads the lease but what decision reached by an ftt if asked to determine if there was a breach or not.
  13. No. It never was and looks like it never will be,...

    No. It never was and looks like it never will be, why on earth it's listed on the official statute pages is a mystery.

    The previous version is still in force, although finding this version is now...
  14. "Is the ground rent or service charge due any...

    "Is the ground rent or service charge due any time soon? Stall till then, pay the GR/SC and then tell them to go swivel."

    Yes great point. NOW you know that the FH is fully aware and he has...
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    I generally agree with others that it's not...

    I generally agree with others that it's not permissible but here are a few thoughts:-

    Maybe you could let it for more than three months to a party and then they sub let it to individuals for...
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    Looking back at mine j wish I'd been more...

    Looking back at mine j wish I'd been more assertive and question panel more and asked to back up some of their wierd comments with actual law.

    For example, mine says that lease doesn't allow...
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    Although I've had good experiences st county...

    Although I've had good experiences st county court and that's only one judge.

    My advice is to keep at court as much as poss and use CPR rules such as strike out etc as much as poss, but ultimately...
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    I'd ask the panel to disallow any last minute...

    I'd ask the panel to disallow any last minute paperwork or if not that an adjournment, I also think there is a strike out type procedure in the ftt rules so you could ask that certain evidence be...
  19. Thread: Letter template

    by andydd
    Replies
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    566

    Viewing property is not a waiver but acting in an...

    Viewing property is not a waiver but acting in an way to recognise the lease as continuing is such as sending demands, receiving payments, etc. They may be able to argue that the FH was aware of the...
  20. Thread: Letter template

    by andydd
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    566

    Prob not in this situation but normally best to...

    Prob not in this situation but normally best to employ someone qualified, there can be various insurance issues if you do stuff yourself and you don't want to be in position where other LH complains...
  21. Thread: Letter template

    by andydd
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    566

    1. No, you can only ask for payment after you've...

    1. No, you can only ask for payment after you've actually incurred costs.

    2. No

    3. You can charge for the cost of the work to be carried out. Are you saying that YOU will be doing the work ?
    ...
  22. Is the letter is just a polite reminder ? The...

    Is the letter is just a polite reminder ?

    The only legal force the Fh can use is the breach/forfeit one so I would do must best to comply if at all possible/not too costly although as Ram...
  23. I'm not convinced by that, if it's something only...

    I'm not convinced by that, if it's something only visible from inside they may have a point but this is something visible from outside and also at least years has passed maybe more, it could be...
  24. So it appears they are saying SHE had breached...

    So it appears they are saying SHE had breached the lease, this is clearly untrue, but she may need to find some proof of this, in any event if a FH is seeking to do anything about a breach he cannot...
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    I've only been through the process when it was...

    I've only been through the process when it was LVT and j was very unimpressed with the way the panel dealt with case. Even the final published report is somewhat unclear and contains errors, in fact...
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