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Oct, 2014

Thursday

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  1. Replies
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    Just make sure they are experienced in Landlord...

    Just make sure they are experienced in Landlord and Tenant Law.
  2. Replies
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    Another route open to you is the planning...

    Another route open to you is the planning department of your local council.

    If there are restrictions on HMO's through an Article 4 direction in your area then the planning department may be able...
  3. I recently successfully got the FTT to determine...

    I recently successfully got the FTT to determine a breach involving single family use, but my situation was very different to yours.

    In my opinion the evidence you have is not anywhere near enough...
  4. My understanding is as the claimant has...

    My understanding is as the claimant has discontinued the action they are liable for all the other parties costs.

    I'm not sure its worth pursuing the costs, mine were minimal mainly the time spent...
  5. The case has now been dropped :) Better late...

    The case has now been dropped :)

    Better late than never.
  6. Replies
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    It will also require planning permission for...

    It will also require planning permission for change of use once you have more than 6 tenants. Check also if an article 4 direction is in place in your area restricting HMO's.
  7. Replies
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    Absolutely. I will give them nothing. In the...

    Absolutely. I will give them nothing. In the meantime I will enjoy the peace and quiet of not having anyone above me for a while :)

    I think they realise they cannot continue, and hopefully will...
  8. Replies
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    Latest is I have received written confirmation...

    Latest is I have received written confirmation from the Leaseholder that they have remedied the breaches.

    This is true as the other flat is now empty. The LH is asking me to confirm this in...
  9. Well the latest is it looks like the LH is going...

    Well the latest is it looks like the LH is going to get their day in court. I expect it will be a very short day :)

    Despite 3 different District Judges advice to the claimant to desist on it goes....
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    Luckily they don't :) But it's useful to...

    Luckily they don't :)

    But it's useful to consider every possibility.

    TBH the dice are rolled, I'll keep you updated on the outcome, its likely to be several months before anything further...
  11. Replies
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    Subletting is allowed under the lease, subletting...

    Subletting is allowed under the lease, subletting part of the property is not (although I have read a restriction on subletting part could also apply to the whole, an argument for another day).
    It...
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    The view of my solicitor, counsel and the FTT is...

    The view of my solicitor, counsel and the FTT is that it is an ongoing breach that is capable of remedy.
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    Yes it will require a mandatory licence. Yes it...

    Yes it will require a mandatory licence.
    Yes it will require planning permission for change of use.

    If your friend lives in and only rents to two students, the above doesn't apply.
    Best to speak...
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    Yes, we have discussed that. As the residents...

    Yes, we have discussed that.
    As the residents seem to be transient and come and go for short periods, it is unlikely they have AST's.
    But we won't know for sure as the LH will almost certainly not...
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    My solicitors advice is to issue the s146 notice,...

    My solicitors advice is to issue the s146 notice, giving a 'reasonable amount of time' to remedy the breaches.
    As the breaches involve subletting and multiple occupancy and are capable of being...
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    The terms of the mortgage are also being breached...

    The terms of the mortgage are also being breached as it is not a BTL mortgage. I am sure they can put pressure on the LH to remedy the breaches. Which is ultimately the aim along with recovering my...
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    Thanks LHA I'll discuss your comments with my...

    Thanks LHA

    I'll discuss your comments with my solicitor.

    One key point is the actual LH is absent, the mortgage company do not know where he is either.

    From my point of view the mortgage...
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    I'm going to go ahead and serve the s146 notice....

    I'm going to go ahead and serve the s146 notice. For a while it appeared the LH had remedied the breach, but thats not the case.

    The LH mortgage company has also been in contact. They have...
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    Hi You have my total sympathy as I have been...

    Hi

    You have my total sympathy as I have been in a similar situation with laminate flooring and a FH that wouldn't act.

    If the FH won't act you can take them to court for breach of contract.
    ...
  20. On it rumbles. The LH went back to court (with...

    On it rumbles.

    The LH went back to court (with out informing me) and asked for a 6 week extension.
    The court refused this but gave them a further 2 weeks, which has just expired.
    Their new...
  21. It means they can't prove they are married :) ...

    It means they can't prove they are married :)

    Are you confusing the term marriage value?

    Maybe some acknowledgment of the other posters answers that helped you get £4k might be in order. Just...
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    Factors like- Did they arrive together? Do they...

    Factors like-
    Did they arrive together?
    Do they live, eat, socialise together?
    Who do they pay rent to?
    What if they claim benefits etc.
    Who's on the electoral roll.

    Like artful says, I think...
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    Strictly speaking that is correct, but I think...

    Strictly speaking that is correct, but I think you will be hard pressed to convince the council it is not a HMO. There are other factors to consider as well as the fact they are all related or not.
  24. This is the best place to start- ...

    This is the best place to start-

    http://www.lease-advice.org/documents/Lease_Extension_Getting_Started.pdf
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    Check with the planning department too. There may...

    Check with the planning department too. There may be restrictions as to what times deliveries are allowed in their planning application.
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