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05

Mar, 2015

Thursday

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  1. Replies
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    Are the windows being replaced because they need...

    Are the windows being replaced because they need replacing, or does the landlord just want to upgrade the property?
  2. We can all agree with that, whether or not the...

    We can all agree with that, whether or not the freeholders are also the tenants and whether or not they delegate management to an agent.

    Getting the documentation right is of course important....
  3. Replies
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    Only if granted to companies.

    Only if granted to companies.
  4. Where the leaseholders one way or another...

    Where the leaseholders one way or another collectively own the freehold the whole idea is that you exclude outsiders.

    Freehold ownership has two aspects. The first is who owns the legal estate....
  5. Where the leaseholders one way or another...

    Where the leaseholders one way or another collectively own the freehold the whole idea is that you exclude outsiders.

    Freehold ownership has two aspects. The first is who owns the legal estate....
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    144

    The point here is that there is not really any...

    The point here is that there is not really any such thing as an "AST agreement". There are only agreements suitable for use where it is anticipated that the tenancy will be an AST. It is not what you...
  7. You can only get a business tenant to leave if...

    You can only get a business tenant to leave if the lease is "contracted out" and in some cases if the tenant has only been in occupation for a short period. Contracting out involves going through a...
  8. Yes, that would be it. EDIT Actually,...

    Yes, that would be it.

    EDIT

    Actually, perhaps not. It probably refers to part of the land rather than a share in it.
  9. Suppose A, B and C buy a freehold property...

    Suppose A, B and C buy a freehold property jointly and a trust deed provides that repairs will only be carried out if a majority agrees. That is prefectly permissible and enforceable between A, B and...
  10. Obviously if the court orders the tenant to pay...

    Obviously if the court orders the tenant to pay the costs he has to pay them. If it does not get to court it depends, as you say, on what the lease says. The costs will not only have to be...
  11. There is no rule of law which says you have to...

    There is no rule of law which says you have to use a solicitor or indeed any other lawyer. DIY involves risk whatever you are doing.

    Stamp duty land tax will be payable on the consideration...
  12. The problem here is that it is one thing having a...

    The problem here is that it is one thing having a clause in a lease which seems to give you what you need and quite another enforcing it. What it comes down to is that you need to get the leaseholder...
  13. Look at the proprietorship registers of both...

    Look at the proprietorship registers of both titles. Are the registered proprietors the same for both?
  14. If you want a quiet life you are probably right....

    If you want a quiet life you are probably right. However, it may be worth getting a conveyancer to look the documents if the deal is otherwise satisfactory.
  15. Because section 5(5) HA 1988 prevents it. It is a...

    Because section 5(5) HA 1988 prevents it. It is a (presumably unforeseen) consequence of a provision designed to protect tenants that if a tenant remains in occupation after a fixed term ends he is...
  16. Does anyone have a link for the case? If the...

    Does anyone have a link for the case?

    If the above is true it would seem to create the oddity that, assuming for example a tenancy period ends on the 17th of the month and notice to quit is given...
  17. They are not being asked to sell anything. The...

    They are not being asked to sell anything. The only person who is selling is the OP who is selling his leasehold interest in the flat and his freehold interest in the building. The former will be...
  18. Replies
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    What is important is the exact day the six month...

    What is important is the exact day the six month contract finished. How exactly is the tenancy agreement worded where it states how long the tenancy is for?
  19. Replies
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    Unfortunately for you the section only applies to...

    Unfortunately for you the section only applies to business premises - see section 17.
  20. It is not clear if you will be buying the whole...

    It is not clear if you will be buying the whole building subject to the leases or just the freehold of the flat.
  21. Replies
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    Some clarification needed here. Tenancy is...

    Some clarification needed here.

    Tenancy is granted for a fixed term of six months and no more, i.e. nothing is said about it continuing

    If the tenant, or where there is more than one all of...
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    Agreed. I am afraid I have lost track of how...

    Agreed.

    I am afraid I have lost track of how deposit protection interacts with section 21 notices and am therefore unable to offer an opinion. Perhaps jjl could take us through the argument step...
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    That operates as the grant of a tenancy for a...

    That operates as the grant of a tenancy for a minimum of seven months. To ensure it is for not more than seven months notice needs to be given before the end of the sixth month. It cannot be ended at...
  24. The guidance refered to above says: The...

    The guidance refered to above says:

    The requirement to belong to a redress scheme only applies to agents carrying out lettings or property management work ‘in the course of business’. The...
  25. Once a lease has been granted that is it. You do...

    Once a lease has been granted that is it. You do not need a new one when the freeholder changes.
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