LandlordZONE

28

Jul, 2016

Thursday

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  1. Replies
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    Be wary of the implications of the LTA 1954. I...

    Be wary of the implications of the LTA 1954. I imagine most occupiers aren't going to be too interested but I would have thought you wouldn't want to have a tenant who had protection under the Act.
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    3. Probably not - when assessing the business...

    3. Probably not - when assessing the business rates on a property a standard assumption applied by the VO is that the property is put into repair insofar as all repairs are economic. The SJ &J Monk...
  3. Based on the information I think it would be hard...

    Based on the information I think it would be hard for him to say that he had a tenancy rather than a licence - without the ability to exclude all others I cannot see how he could claim anything other...
  4. You say part of the shop, did he have exclusive...

    You say part of the shop, did he have exclusive possession or did they share a front door and he simply occupied one corner which he could not exclude people from entering? LTA 1954 can only exist...
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    I think it's highly likely for a local not for...

    I think it's highly likely for a local not for profit organisation would receive pro bono advice from professionals. I am a Chartered Surveyor and offer, where possible, not for profit local...
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    Advice on lenders

    Hi all, a regular poster - well used to be more so (in the commercial section).

    After some advice from the more experienced members for a residential property for myself (owner occupation).
    ...
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    ram I suggest you confine your discussions to...

    ram I suggest you confine your discussions to other sections of the forum to which you're more versed.

    The owners of the building are not above the law, nor is anyone else. They need to comply...
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    An ineffectual method - the change of use is...

    An ineffectual method - the change of use is limited to a period of 2 years. The fitout for a restaurant is tens if not hundreds of thousands of pounds. In my experience no one really uses the PD...
  9. http://www.2010.voa.gov.uk/rli/static/HelpPages/En...

    http://www.2010.voa.gov.uk/rli/static/HelpPages/English/faqs/faq092-small_business_rate_relief_england.html

    The VOA say no - they say that you're entitled to relief, but only on the main property....
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    Worth considering any rent reviews that maybe due...

    Worth considering any rent reviews that maybe due under the head lease - the best rental evidence maybe the rent that is payable under the terms of your sublease and thus you maybe entitled to an...
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    There's probably an obligation on the Freeholder...

    There's probably an obligation on the Freeholder to insure the property in its entirety. I would be surprised if there were not - you cannot rebuild only part of a block of flats.
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    Assuming your Section 25 notice was valid &...

    Assuming your Section 25 notice was valid & served correctly then you're indeed correct, the tenant has no right to remain within the property unless they've made an application to the court, or an...
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    The fees chargeable for collecting service...

    The fees chargeable for collecting service charges should not be directly related to the level of service charge.

    Both of these fees will depend upon whether the agent that collects the service...
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    Landlord cannot forfeit the lease and claim your...

    Landlord cannot forfeit the lease and claim your goods within the property. He can no longer claim distress on the property without following the rules of the Commercial Rent Arrears Recovery...
  15. My understanding is that is what has happened...

    My understanding is that is what has happened here... the issue is that it was disconnected and they're asking for a reconnection fee from the Landlord, notwithstanding the fact that he was not...
  16. So it was probably a lease rather than a licence?...

    So it was probably a lease rather than a licence? Exclusive occupation?

    Was there an express provision for forfeiture in the agreement?
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    The reason the Landlord hadn't levied distress...

    The reason the Landlord hadn't levied distress was because he would be unable to do so - you cannot say a lease is forfeit but then claim distress against the goods within the property.

    I'm...
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    Non-payment of business rates is a criminal...

    Non-payment of business rates is a criminal offence. Did your office have its own rateable value or did it form part of a larger property? Was the office self contained and capable of sole...
  19. Not sure how ram expects you to be able to check...

    Not sure how ram expects you to be able to check whether the utilities are being paid, you have no legal right to that information and I do not know how you would go about finding out, other than...
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    Empty property rates runs with the property and...

    Empty property rates runs with the property and not with owner/occupation. The previous tenant may have been claiming void relief if they had vacated - worth arguing this point if they had not...
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    Estates Gazette Awards have a variety of...

    Estates Gazette Awards have a variety of differing categories.
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    There's common law which states receipt of the...

    There's common law which states receipt of the keys is not acceptance of a surrender. It depends upon your actions thereafter, were they consistent with your belief that the tenancy was continuing?...
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    Was an interim rent request made (Section 24a)?...

    Was an interim rent request made (Section 24a)? Did the arbitrator make reference to the interim rent at the date of the completion of the new lease? What is the rent commencement date under the new...
  24. I don't really understand the question. If you're...

    I don't really understand the question. If you're purchasing a property and rent has been paid in advance for a quarter then the pro-rata rate maybe returned - it depends upon the negotiations.
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    The lease does not stop being in your name until...

    The lease does not stop being in your name until its either assigned or surrendered. If the purchaser of the business wishes they can purchase the property and have their solicitor draft a deed of...
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