LandlordZONE

21

Aug, 2014

Thursday

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  1. Thread: S146

    by siva
    Replies
    13
    Views
    178

    Well it's hard to say exactly in this case, but...

    Well it's hard to say exactly in this case, but it is certainly less work for everybody if the breach is admitted. This is what I was proposing. Make it clear that you admit the breach. The...
  2. Thread: S146

    by siva
    Replies
    13
    Views
    178

    It seems excessive to me. two and a half hours of...

    It seems excessive to me. two and a half hours of work to write a letter, read a letter and then produce a notice. Hopefully Leaseholdanswers and others with more experience can advise on reasonable...
  3. Thread: S146

    by siva
    Replies
    13
    Views
    178

    You are unlikely to get anywhere with the...

    You are unlikely to get anywhere with the mortgage company. If the MA is going to start incurring legal costs then the sensible approach would be minimising them. If you admit the breach then all a...
  4. Thread: S146

    by siva
    Replies
    13
    Views
    178

    £600 does seem high for a 146 notice, that is...

    £600 does seem high for a 146 notice, that is presuming you have admitted the breach.

    You could dispute this amount if it is demanded. I will have a look to see if there are any tribunal decisions...
  5. Replies
    51
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    6,385

    It depends on the exact wording of the covenant....

    It depends on the exact wording of the covenant. If the covenant distinguishes between part and the whole then subletting part does not apply to the whole. If there is no distinction then 'part' also...
  6. Thread: Costs under S146

    by siva
    Replies
    5
    Views
    167

    Hi LHA, what new rules do you refer?

    Hi LHA, what new rules do you refer?
  7. Replies
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    6,385

    Having now read your initial post I see that your...

    Having now read your initial post I see that your solicitor claimed there was a breach of single family use. This would be an ongoing breach unless it has been remedied. The breach of subletting is...
  8. Replies
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    6,385

    I was trying to warn the OP that it's important...

    I was trying to warn the OP that it's important that the section 146 is technically correct in terms of detailing breaches and specifying remedies if applicable.

    I read this publication some time...
  9. Thread: Costs under S146

    by siva
    Replies
    5
    Views
    167

    Some interesting points made by the upper...

    Some interesting points made by the upper tribunal. Costs not allowed where i) no breach or ii) right to forfeiture waived by LL actions or lack of them when knowing about a breach (para. 49).
    ...
  10. Replies
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    6,385

    I haven't read through the thread so am not sure...

    I haven't read through the thread so am not sure this will help but something I picked up whilst researching these matters a while back is that subletting when not allowed is a 'once and for all'...
  11. Yes, there has been a case in the Lands Tribunal...

    Yes, there has been a case in the Lands Tribunal and what LHA describes as "tortured logic" is in fact non-logic. The decision being along the lines that because it would be deemed reasonable to...
  12. Thread: No sublet clause

    by siva
    Replies
    19
    Views
    2,058

    Some people may actually want no subletting as...

    Some people may actually want no subletting as this will most likely apply to all flats. You don't then get the problems associated with some short term tenants.

    I still think this process of...
  13. Thread: No sublet clause

    by siva
    Replies
    19
    Views
    2,058

    If there is no sublet clause then you are allowed...

    If there is no sublet clause then you are allowed to sublet.

    If there is a sublet clause then quite often it is in a form that many people misunderstand and assume they can't sublet when they...
  14. Replies
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    3,326

    >Where it gets complicated is that the kick-back...

    >Where it gets complicated is that the kick-back sometimes was in cash and a credit note was issued. That's easy to demonstrate.

    Just quickly gone through the thread. Send in copies of the credit...
  15. Replies
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    3,326

    Yes, it would have to be in the claim, but that's...

    Yes, it would have to be in the claim, but that's easy enough for the applicant to arrange. Either by a new claim or by asking the FTT to amend any current claim.

    All the applicant can do is try....
  16. Replies
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    3,326

    aki131960, The FTT can order any person to...

    aki131960,

    The FTT can order any person to attend a hearing as a witness. They can order any person to answer questions and produce documents. They can do this under their own initiative but you...
  17. Great news! Thanks for the update, it's good to...

    Great news! Thanks for the update, it's good to hear how things work out.
  18. Replies
    27
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    2,282

    So a claim against you for damages will be...

    So a claim against you for damages will be difficult to prove. It will come down to what evidence there is, how well the parties argue their case and whether the Judge determines that the case has...
  19. Replies
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    shuey, I don't think either are relevant. It's...

    shuey,

    I don't think either are relevant. It's damages that are being sought, not forfeiture or remedy of breach of lease. Possibly also a demand for service charges in regard to the investigation...
  20. Replies
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    2,282

    Is that what is being claimed here though? I...

    Is that what is being claimed here though?

    I know that the actual wording of the lease comes into play in regard to nuisance and sometimes the leaseholder is not in breach of the lease if he...
  21. Replies
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    2,282

    shuey, you need to look at Leaseholdanswers'...

    shuey, you need to look at Leaseholdanswers' comments in your other thread.

    Have you obtained a copy of the insurance policy?

    What evidence is there to show negligence? Surveyor's report?...
  22. Replies
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    2,282

    shuey, Something worth looking at and will...

    shuey,

    Something worth looking at and will help understanding is whether it is just you that is being asked to pay for the works carried out by the freeholder. If some of it is a service charge...
  23. Replies
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    2,282

    That type of clause comes into play when...

    That type of clause comes into play when enforcing covenants on leaseholders. This wouldn't apply in regard to a claim for damages but there may be an element of enforcement involved in this case...
  24. Replies
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    2,282

    shuey, you should have continued posting on your...

    shuey, you should have continued posting on your earlier thread.

    As leaseholdanswers points out in that thread, the devil is in the detail and it is a big mess.

    In regard to the insurance you...
  25. Replies
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    2,282

    Did you not receive a letter before action...

    Did you not receive a letter before action specifying exactly what the claim is about?

    I've only skimmed through the post but it is sounding like it should be a claim for damages but made by the...
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