LandlordZONE

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Aug, 2015

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  1. Is the service charge reserved as rent? If not,...

    Is the service charge reserved as rent? If not, the limitation period is 12 years.

    If reserved as rent the position is a bit tricky. Absent any prior agreement to the contrary, where a debtor owes...
  2. The law is set out in section 22 of the Landlord...

    The law is set out in section 22 of the Landlord and Tenant Act 1985 - see here: http://www.legislation.gov.uk/ukpga/1985/70/section/22

    Subsection(2) is quite clear that the obligation is allow...
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    Yes. The failure to give notice is a breach.

    Yes. The failure to give notice is a breach.
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    Statutory magic! The important word there is...

    Statutory magic!

    The important word there is "explicitly". Section 62(2) of the Law of Property Act 1925 operates to include certain things not expressly mentioned unless there is something in the...
  5. I think the question has come up before, but if...

    I think the question has come up before, but if so I cannot find the thread.

    I do not think the position is quite as clear cut as suggested.

    First, and just for the record, we may note that if...
  6. hideyspidey, If that is a rule I have never...

    hideyspidey,

    If that is a rule I have never heard of it. It would be a bit of an unfair rule.
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    Is that all the lease says about assignment? If...

    Is that all the lease says about assignment? If so, your consent is not in fact needed.
  8. There is no requirement that all the long leases...

    There is no requirement that all the long leases in the same block should provide for the same start date.
  9. It is not wholly unreasonable to think that if...

    It is not wholly unreasonable to think that if minor repairs are carried out that the landlord's loss is the cost of the repairs. However, the law (as I say developed over centuries ) requires an...
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    I had a look at section 42 and there does not...

    I had a look at section 42 and there does not seem to be a prescribed form. If that is the case, then, in my opinion, a form which complies with section 42 will be valid even if it contains some...
  11. First you need to consider what the position...

    First you need to consider what the position would be if the landlord was unconnected with the tenants. If repairs need doing and the landlord is obliged to carry them out he can carry them out, and,...
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    You should never take on a lease without the...

    You should never take on a lease without the advice of a landlord and tenant specialist surveyor and landlord and tenant specialist conveyancer. If you are also taking on a going concern you need the...
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    You have been invited to the party!

    You have been invited to the party!
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    That has to be unacceptable.

    That has to be unacceptable.
  15. 1.) I don't know why you keep banging this drum...

    1.) I don't know why you keep banging this drum in this arrogant way LC, when you not a landlord, & presumably never represented one in court.

    Whether or not I am a landlord has no bearing on the...
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    I can now post on hpc. The thread has developed:...

    I can now post on hpc. The thread has developed: http://www.housepricecrash.co.uk/forum/index.php?/topic/205409-landlord-zone/ Anyone going to join in?
  17. A rogue tenant subletting is a landlord.

    A rogue tenant subletting is a landlord.
  18. Sorry, but no. I do not know the statistics...

    Sorry, but no.

    I do not know the statistics for the courts, but the last time I looked the statistics for the schemes showed that decisions went 70% in favour of tenants. That is taken as evidence...
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    They need to be set out or incorporated by...

    They need to be set out or incorporated by reference. A possible exception is covenants restrictive in nature if the subtenant has notice of them. What amounts to notice is a tricky question.

    In a...
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    I do not see how they could especially given that...

    I do not see how they could especially given that the Legal Services Act 2007 specifically provides that unauthorised persons may conduct conveyancing so long as they are not paid for it.
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    Where a tenancy can be terminated by notice to...

    Where a tenancy can be terminated by notice to quit and the terms of the tenancy are silent on the matter the rules are as follows:

    If the tenancy is yearly at least half a year's notice must be...
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    I have posed the question here:...

    I have posed the question here: http://swarblaw.co.uk/viewtopic.php?f=21&t=5201
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    I can understand if the seller's solicitor is not...

    I can understand if the seller's solicitor is not keen on having the buyer act for himself. Whilst not always the case it is often the case that you end up doing half of the buyer's job for him just...
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    The point is that you cannot, for example, get an...

    The point is that you cannot, for example, get an order for possession under ground 8 unless "the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether...
  25. Absent instructions to the contrary, I suggest...

    Absent instructions to the contrary, I suggest that an agent's duty is to contact the landlord, say, three months before the end of the fixed term to enquire if a section 21 notice should be served....
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