LandlordZONE

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Nov, 2014

Tuesday

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  1. Replies
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    When they make an application to the magistrates,...

    When they make an application to the magistrates, would a case not be against a defendant - ie the magistrates gave consent on the basis that the case was brought against someone that owed them...
  2. If the lease expired in 2011 and no action was...

    If the lease expired in 2011 and no action was taken, it would be very difficult to argue that the occupiers are occupying on anything other than a protected tenancy. Indeed the 54 Act itself makes...
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    Was the property conveyed to the new owner via a...

    Was the property conveyed to the new owner via a deed? All conveyances of property interests within land need to be contained within a deed.
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    You don't have any of it in any form of writing?...

    You don't have any of it in any form of writing? If not well he's under the obligation of contract... BUT... can you prove it?

    Further, can he enter the property and change the locks? Probably....
  5. Many of my clients pay agents to fully manage...

    Many of my clients pay agents to fully manage their properties and I would expect this service to be included. For many of them it's impractical to travel to the property in question to read the...
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    I've not really read much of this topic. but one...

    I've not really read much of this topic. but one thing RaM omits to mention is that if you're in a multi-let property with shared utilities is that your Landlord will covenant to maintain the...
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    They should be able to provide you a figure for...

    They should be able to provide you a figure for the cost of the work they're undertaking. Its a fairly simple process for the management agents/landlords solicitors - but something they always make a...
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    So are you saying you will divide the shops into...

    So are you saying you will divide the shops into two and have separate access to both shop? Bear in mind that the VOA aren't necessarily interested in the leaseholder, but more the rateable occupier....
  9. I know of cases particularly with smaller...

    I know of cases particularly with smaller properties where Landlords require an upfront payment or contribution of fees. You can say no, but it all really depends upon the negotiating strengths of...
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    In reality, the person who sat before your...

    In reality, the person who sat before your previous hearing probably had very little knowledge of the process - they've many areas of law to be involved with. With dilapidations, it is uncommon for...
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    It sounds quite a simple one... when you say the...

    It sounds quite a simple one... when you say the tenant signed a FR&I lease, I assume it had the usual wording "to put and keep in good repair?" or words to that effect.

    The costs are the costs,...
  12. Generally most landowners will be aware of the...

    Generally most landowners will be aware of the situation prior to making the offer to purchase, any purchaser should be well aware of the situation and have taken proper legal advice as to the status...
  13. I'm a bit late in on this one... But to the OP,...

    I'm a bit late in on this one... But to the OP, are you paying rent or providing services in lieu of a rent? LTA 1954 will undoubtedly entitle you to a new lease at a market level if you can satisfy...
  14. Have you not gone down the route of a S146 notice...

    Have you not gone down the route of a S146 notice seeking forfeiture? Or CRAR?
  15. If your lease was not contracted outside the act...

    If your lease was not contracted outside the act then I do not believe any break option can be exercised by the Landlord. The lease will probably make reference to successors in title so any...
  16. You may have the right to self help depending...

    You may have the right to self help depending upon the extent of the building works. It sounds as though it would be a fairly clear cut case, do you doubt the neighbours ability to pay costs which...
  17. Do you have exclusive occupation of the property?...

    Do you have exclusive occupation of the property?

    If you have exclusive occupation and you are able to exclude other users from the property you may indeed have protection under The Landlord and...
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    Have you gone down the route of interim schedule...

    Have you gone down the route of interim schedule of dilapidations and formal service or service of a S146 notice?
  19. I believe there are a number of relevant matters...

    I believe there are a number of relevant matters of case law on the subject - there was a leading case where a tenant had external works to their demised property done that were a necessity. Dust and...
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    Deposit agreements are contained within a rent...

    Deposit agreements are contained within a rent deposit deed.

    The interest belongs to whoever it is deemed to belong to within the rent deposit deed.
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    Shelter are mistaken. Giving notice on the 27th...

    Shelter are mistaken. Giving notice on the 27th expiring at the end of the 26th is not a full month as obviously you are missing hours out of your notice period, nor does it have any regard as to the...
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    There are various websites where you can list...

    There are various websites where you can list through third party agencies I believe for circa £30-£50. I found...
    ...
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    Single rooms maybe best advertised through social...

    Single rooms maybe best advertised through social media. We get a lot of our tenants for multi let office blocks - ie single offices via Facebook groups and through word of mouth. Rightmove maybe...
  24. Thread: VAT on rent

    by MrJohnnyB
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    Have you asked to see a copy of their election to...

    Have you asked to see a copy of their election to charge VAT?
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    The landlord cannot serve you notice under the...

    The landlord cannot serve you notice under the grounds for own occupation unless they have owned the property for more than 5 years.... See section 30 (2) - a quote below...


    (g)subject as...
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