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Aug, 2014

Thursday

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  1. Well no thats not true. There is no such thing as...

    Well no thats not true. There is no such thing as a statutory contract, it is simply a statutory obligation in due course to enter into a contract, but even then the court may have to do it instead....
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    Injunctions are rarely a good idea as its a rare...

    Injunctions are rarely a good idea as its a rare instance that you get a chunck let alone all your costs back. That is a real problem for freeholders and residents companies.
  3. Ok but what I am getting at is the trigger. A...

    Ok but what I am getting at is the trigger. A good document will set out that for example " the landlord will be in breach if...." or of the MC considers the FH in breach then they will gove notice...
  4. As long as the stat route is still available then...

    As long as the stat route is still available then you yes you can continue along it. You will be exposed to some costs but, as you say, not all.
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    I would agree with most of #3 but would add that...

    I would agree with most of #3 but would add that as always the lease wording is key as the scope of the s 146 clause in this case was not broad enough to allow for the FTT determination.

    This is...
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    Hello Siva. This was an appeal from the LVT days...

    Hello Siva. This was an appeal from the LVT days as opposed to the FTT.
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    I replied to a complaining owner using the...

    I replied to a complaining owner using the forwarded email chan and didn't quite erase all the messages.

    of the course the one that didn't get erased was the one that was rather unkind to the...
  8. Ok as long as you are sure is .09 % as as you...

    Ok as long as you are sure is .09 % as as you say thats only 31.5p in the first year.....not £3......:D
  9. Yes you can, but you might be on the hook for...

    Yes you can, but you might be on the hook for some costs already depending what you agreed when you started negotiations outside the Act, and does the likely cost exceed what you would gain by taking...
  10. But what you are omitting is any confirmation...

    But what you are omitting is any confirmation that the agreement allows them to use the ground rent. You only mention the right to collect as agent which means that the FH is their client and the...
  11. When a building is owned in this way, company or...

    When a building is owned in this way, company or flock of residents, they are now the freeholder.

    A freeholder can of course choose to carry out the works and not recover the work under the...
  12. It is infinitely better to merge the two titles...

    It is infinitely better to merge the two titles and include a clasue in a trust deed that trusteeship and beneficiary ship ( ow) is dependent on owning a flat and that it automatically ceases on...
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    Its pretty common as you say in the former colony...

    Its pretty common as you say in the former colony and dominion, but be warned if you need to replace a tile or tile over an access port to valves etc intending to open it as required,/ it is a beggar...
  14. The Best T Shirt..........................in the world

    I saw a T shirt which has an oval in which is pictured an ample cleavage.

    Underneath are the words " backstages passes" :(party):
  15. Look the key here is the deal that you do and...

    Look the key here is the deal that you do and what the buyer will buy. its just under 1% a year and that quickly adds up and will make the flat hard to sell In 5 years the ground rent is £540...
  16. This makes it more interesting. On balance you...

    This makes it more interesting.

    On balance you are better off paying the ground rent to prevent your exposure to a CCJ, as your response to the Court is that you are quite willing to pay it when...
  17. It is simple a contract, the lease, operates...

    It is simple a contract, the lease, operates within the law and therefore no matter what the lease says, the law, CLRA 2002 s166 makes such a term invalid. :D

    In this case your defence is to rely...
  18. Well no as that would not arise until the notice...

    Well no as that would not arise until the notice expired or agreement reached (leaving aside counter notices or FTT application or validity) and even then, it is not a contract merely both sides,...
  19. Did your notice ask for 90 + term at a peppercorn...

    Did your notice ask for 90 + term at a peppercorn rent or not. If not then its invalid as the Act only allows those terms. As FF says it not uncommon to negotiate on the side and if better deal can...
  20. yes thats right - the s 42 process is fixed on...

    yes thats right - the s 42 process is fixed on the 90 + term and peppercorn rent.
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    Well it all depends on the deal. A statutory...

    Well it all depends on the deal.

    A statutory extension costs £x while it might be cheaper to just add 35 years and pay a modest ground rent as an annual cost. It depends what deal or deals you...
  22. Before you do take a look at my FAQ on buying the...

    Before you do take a look at my FAQ on buying the freehold particularly on
    -reasons to keep a ground rent
    -ensuring the lease allows all costs to be recovered as service charge as it unlikely your...
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    Its called a map,people.

    One of my regular rants is people that leave home with a vague idea of where they might be going.

    If you want a magical mystery tour or like the stress of getting there on time, lovely, just don't...
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    Well the short answer is that you have to fix it,...

    Well the short answer is that you have to fix it, and hopefully if the report tells you what the problem was and the invoice is carefully worded, " leak from hot water cylinder pipe replace pipes...
  25. Where did you get these hard tiles? off the side...

    Where did you get these hard tiles? off the side of a space shuttle?! :D
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