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29

Jul, 2014

Tuesday

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  1. Replies
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    156

    Is the upper maisonette a maisonette in the sense...

    Is the upper maisonette a maisonette in the sense of being on two floors (ignoring the roof) or a maisonette in the sense that it has its own external access and just has one floor (excluding the...
  2. Litigation is a closed book to me I am afraid.

    Litigation is a closed book to me I am afraid.
  3. "Every underlease" includes every successive AST...

    "Every underlease" includes every successive AST you grant whether to the same or a different tenant. Whether a statutory periodic tenancy is included is moot because there is no document to produce....
  4. Replies
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    136

    No. That just means that if any authority serves...

    No. That just means that if any authority serves a notice the tenant must comply with it. The clause you want should be more explicit and require the tenant to reimburse the landlord the cost of...
  5. Since the law does not require writing for a...

    Since the law does not require writing for a contract to grant a short term tenancy, if you accept payment (whether described as any sort of deposit, rent in advance or on account or whatever) before...
  6. The absence of a contract does not mean that the...

    The absence of a contract does not mean that the agent does not have an obligation to pay the deposit to the OP nor does the fact that the LL is liable to pay the deposit mean that the agent is not....
  7. If the landlord instructs the agent to return the...

    If the landlord instructs the agent to return the deposit there is no justification for the agent to retain it. A deposit is the tenant's money and if the agent retains it without justification he...
  8. Replies
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    In this case it is not so much whether you are...

    In this case it is not so much whether you are being reasonable, but whether you have followed the correct procedure. Whatever the tenancy agreement says and even if you have not strictly followed...
  9. Using the correct (or for that matter the...

    Using the correct (or for that matter the incorrect) nomenclature will not necessarily be conclusive. The law looks to the substance and not the form.
  10. Since the entity is not registered at Companies...

    Since the entity is not registered at Companies House it cannot be an LLP. It seems therefore that it must be a traditional partnership in which case the letting will be to individuals who are...
  11. Replies
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    The explanation is simple - it is a badly drafted...

    The explanation is simple - it is a badly drafted lease.

    Somewhere in the lease there should be a covenant by the tenant to contribute to maintenance. There is a fourth schedule which sets out the...
  12. It would seem so. See the section:...

    It would seem so. See the section: http://www.legislation.gov.uk/ukpga/Geo5/15-16/19/section/36
  13. Replies
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    You say the gate was recently constructed but the...

    You say the gate was recently constructed but the document which refers to "the access gate hereinafter mentioned " is dated 16 May 1973.
  14. Replies
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    Where the tenant makes a request under section 1...

    Where the tenant makes a request under section 1 of the Landlord and Tenant Act 1985 the address supplied must be the landlord's actual address. The Act defines "address" as "a person’s place of...
  15. elniinio, More or less what I was going to say.

    elniinio,

    More or less what I was going to say.
  16. I think that sums up the position quite...

    I think that sums up the position quite succinctly. Unless the documentation creates a charge on the deposit, it will have to be paid to the late tenant's estate and the landlord make his claim and...
  17. If the horses are used in connection with...

    If the horses are used in connection with agriculture, e.g. ploughing or transport on a farm, you need to know if you have a lease or licence to determine how the arrangement can be brought to an...
  18. The husband cannot deal on his own. You will...

    The husband cannot deal on his own. You will still have to go through one of the procedures unless the husband appoints a new trustee as allowed by section 36 of the Trustee Act 1925.
  19. Rather I think the point is that the Tribunal...

    Rather I think the point is that the Tribunal cannot rule on what is reasonable.

    Never ask anyone entitled to the fee what is reasonable - just send then ten quid plus VAT if they are VAT...
  20. Replies
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    780

    I meant to mention that the admin co's saying...

    I meant to mention that the admin co's saying they will only cover the cost of re-issuing demands will not do them a lot of good. If they prepare a demand which is invalid they will be negligent and...
  21. It may be that in practice the Act is invoked...

    It may be that in practice the Act is invoked more on renewals, but in fact it applies to all leases. The relevant section is quite clear:

    Notwithstanding any custom to the contrary, a party to a...
  22. You say that the main lock was not broken. Was...

    You say that the main lock was not broken. Was some other lock broken? If not, that throws a different light on the matter and it would seem that there was in fact nothing to repair. If no repair was...
  23. If the notice provided for the tenancy to end on...

    If the notice provided for the tenancy to end on 31st August and was valid then the giving of the notice fixed the end of the tenancy at 31st August. It can only end earlier by mutual agreement. That...
  24. Replies
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    The first port of call has to be the lease. It...

    The first port of call has to be the lease. It should say who is responsible for which parts. It is not necessarily straightforward to work that out and in some cases there may be doubt. What is...
  25. Replies
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    I am not sure what confidence I should have in a...

    I am not sure what confidence I should have in a professional association which does not make available to the general public the guidance it gives to its members.

    I think professionals need to...
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