LandlordZONE

23

Sep, 2014

Tuesday

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  1. I was afraid you would say that. At first I...

    I was afraid you would say that. At first I thought it was all straightforward, but then I spotted a fly in the ointment which I ought to have spotted from the start. It turns on what the effect of...
  2. Ask whoever gave the advice to consider the...

    Ask whoever gave the advice to consider the possible effect of section 2(5) of the Law of Property (Miscellaneous Provisions) Act 1989.
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    The cases alluded to seem clear because on the...

    The cases alluded to seem clear because on the relevant rent day rent was due for a complete rent period. However, here the question is: What rent is due for a period at the end of a tenancy which is...
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    We know two things: 1. If there is a...

    We know two things:

    1. If there is a surrender, whether any rent paid in respect of any period after the date of surrender is refundable depends on what the parties agree and in the absence of...
  5. That is the crucial point. There has been no...

    That is the crucial point. There has been no change yet and it is now that the landlord is maintaining there is no new contract.
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    In some situations there are two distinct stages:...

    In some situations there are two distinct stages: first the parties conclude an agreement and then they do what they agreed. That is clearest when property is bought and sold. First you exchange...
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    It seems that: (a) the leases were granted...

    It seems that:

    (a) the leases were granted after the extension was built;

    (b) the lease plans failed to take account of the extension;

    (c) despite (b) the LR showed the extension as included...
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    http://s29.postimg.org/bwdv32hwz/LLZPLAN1.jpg...

    http://s29.postimg.org/bwdv32hwz/LLZPLAN1.jpg

    It is something like this:. At one time the house was the red and the garden the blue and green. A ground floor extension was built which took up the...
  9. That was only part of the terms set out. It is...

    That was only part of the terms set out.

    It is regrettably the case that landlords and agents often leave tenants up in the air or just assuming that the new tenancy has all been agreed. Whilst in...
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    Since they are in possession there is no...

    Since they are in possession there is no possibility of arguing that there is no contract.
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    The problem is that what is not shown as included...

    The problem is that what is not shown as included on the plan of the lease of the ground floor flat is shown as included on the plan of the lease of the first floor flat.
  12. I have wandered into territory where I do not...

    I have wandered into territory where I do not have or claim any expertise and so I am relying here on what I understand to be basic principles rather than any finer points of the law.

    When it...
  13. It can be read as showing an intention not to be...

    It can be read as showing an intention not to be bound until both parts were signed and exchanged.
  14. We read 1 and 2 and but then we read 3 which...

    We read 1 and 2 and but then we read 3 which somewhat contradicts 1 and 2. If the agent made a clear unconditional offer he ought not to have done if he needed to get it confirmed by the landlord.
    ...
  15. In my opinion nothing in what we have seen is...

    In my opinion nothing in what we have seen is enough to confirm there is an offer which was accepted. At best there is confirmation that terms for a new tenancy have been set out.
  16. I think that that would only be conclusive if the...

    I think that that would only be conclusive if the rent was increased.
  17. Nothing is coming across to me from the extracts...

    Nothing is coming across to me from the extracts of correspondence supplied which gives a clear indication that there was an offer which has been accepted. Even if the landlord did sign the contract...
  18. Bad practice on the part of landlords and agents!...

    Bad practice on the part of landlords and agents! The position is though clearer with a first tenancy because if you are allowed into occupation it is a clear indication that an agreement has been...
  19. As to the first we need to know what the question...

    As to the first we need to know what the question was to which the landlord answered "yes".

    As to the second taken on its own, inconclusive but tending towards expressing the intention that there...
  20. I think the words "Or at least I would hope it...

    I think the words "Or at least I would hope it would" are an indication that the author admits she is not entirely sure she is right.

    I think what is likely to be important is not that sending a...
  21. I am not sure that the advice given is entirely...

    I am not sure that the advice given is entirely correct.
  22. But what if the person who stayed or the one who...

    But what if the person who stayed or the one who left maintains that the notice was invalid and the proceedings started against the wrong persons because the person who left is no longer a tenant. I...
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    What it looks like happened is that the lease...

    What it looks like happened is that the lease plans failed to take account of the extension. However, the OS plan at the time the leases were registered showed the extension and the title plans were...
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    A successful application where the land is...

    A successful application where the land is already registered involves the applicant becoming registered in place of the ousted owner. Where part of a title is involved the land is removed from one...
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    Ah. I thought the freehold was owned...

    Ah.

    I thought the freehold was owned collectively by the leaseholders as individuals. Since it is owned by a company the wording I gave is post 4 is not applicable. If you have written in those...
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