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Jul, 2014

Thursday

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  1. On it rumbles. The LH went back to court (with...

    On it rumbles.

    The LH went back to court (with out informing me) and asked for a 6 week extension.
    The court refused this but gave them a further 2 weeks, which has just expired.
    Their new...
  2. It means they can't prove they are married :) ...

    It means they can't prove they are married :)

    Are you confusing the term marriage value?

    Maybe some acknowledgment of the other posters answers that helped you get £4k might be in order. Just...
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    Factors like- Did they arrive together? Do they...

    Factors like-
    Did they arrive together?
    Do they live, eat, socialise together?
    Who do they pay rent to?
    What if they claim benefits etc.
    Who's on the electoral roll.

    Like artful says, I think...
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    Strictly speaking that is correct, but I think...

    Strictly speaking that is correct, but I think you will be hard pressed to convince the council it is not a HMO. There are other factors to consider as well as the fact they are all related or not.
  5. This is the best place to start- ...

    This is the best place to start-

    http://www.lease-advice.org/documents/Lease_Extension_Getting_Started.pdf
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    Check with the planning department too. There may...

    Check with the planning department too. There may be restrictions as to what times deliveries are allowed in their planning application.
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    You cannot enfranchise as you are exempt from...

    You cannot enfranchise as you are exempt from qualifying because you own 2 of the leasehold flats.

    But you can informally approach the freeholder and ask if they would sell the freehold to you.
    ...
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    I've got to wait until the end of the month...

    I've got to wait until the end of the month before the determination becomes final and I can proceed.

    The LH is nutty enough to try and appeal, I think this would almost certainly be rejected...
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    Which is why you MUST read the lease and check...

    Which is why you MUST read the lease and check the land registry documents before you proceed. You need to ask your solicitor/conveyancer these questions before you proceed.

    All may be ok, but...
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    You should read the lease before you do anything...

    You should read the lease before you do anything else.

    If there is a restriction on pets you could be letting yourself in for a load of heartache, hassle and legal fees. Ultimately you could have...
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    I've just received the written determination. ...

    I've just received the written determination.

    As the LH has still not remedied the breach it is just a matter of waiting for the appeal period to expire, then 14 days later issue the s146 notice :)
  12. I wonder why? :) The only way you can...

    I wonder why? :)

    The only way you can establish the value the FH is to get a surveyor to value it. You could be letting it go cheap or not.

    However if you want get rid of the neighbours, get a...
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    It can be a HMO if it falls into this definition,...

    It can be a HMO if it falls into this definition, which it sounds like it does-

    'A building which is converted entirely into self-contained flats if the conversion did not meet the standards of...
  14. Hmm good luck with that. I think you have to...

    Hmm good luck with that.

    I think you have to accept you need a solicitor for the legal side AND a chartered surveyor for the valuation side.

    As you state a solicitor is not qualified to advise...
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    Even legal acts can have sex changes :(rofl):

    Even legal acts can have sex changes :(rofl):
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    Yes it would be a HMO. Couple = 1 household,...

    Yes it would be a HMO. Couple = 1 household, Lodger= 1 household, therefore 2 households =HMO.
    However it is not likely to need any special requirements. Your local council housing department can...
  17. I am considering making them a Without Prejudice...

    I am considering making them a Without Prejudice offer to sell them 50% of the FH.

    Requiring them to remedy the outstanding breaches, complete all outstanding maintenance, pay all outstanding GR,...
  18. On it drags. The Judge has issued further...

    On it drags.
    The Judge has issued further directions.
    The leaseholder has been told to seek legal advice and submit properly drafted particulars and given a month to comply.
    The Judge was also...
  19. Sounds like you are in a really strong position....

    Sounds like you are in a really strong position.
    I would use this to your advantage, you want shut of them, but could get a free lease extension and a cash premium for extending theirs.
    Rather than...
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    The council is correct 1) The property is not...

    The council is correct

    1) The property is not a HMO as long as there are only two individual tenants as far as the legal definition of what constitutes a HMO is in housing law. Once you add the...
  21. This is a genuine London Estate Agents site....

    This is a genuine London Estate Agents site. There are some quality properties available :)

    http://martinbrookes.co.uk/lettings
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    Maybe you should introduce that as the measure. ...

    Maybe you should introduce that as the measure.

    If I can hang my hat on 'em, its to cold!!!
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    Was it a 'draught' memo? :(giggle):

    Was it a 'draught' memo? :(giggle):
  24. I think ram is correct. The freeholder does...

    I think ram is correct.

    The freeholder does not have any legal obligation to inform the LH mortgage co. There is a case Smith vs Spaul (google it) that seems to confirm this.

    But I am sure the...
  25. See my post here, which I update as things...

    See my post here, which I update as things happen, it also has some comments about recovering costs-

    http://www.landlordzone.co.uk/forums/showthread.php?59482-Hi-Ho-off-to-the-FTT-we-go!
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