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01

Feb, 2015

Sunday

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  1. Letting agents are always right and you have a...

    Letting agents are always right and you have a right one here. He, like a lot of agents, has the following rule fixed in his head: "If a prospective tenant has a CCJ get a guarantor." That is fine...
  2. Exactly. It is a point some landlords do not...

    Exactly. It is a point some landlords do not appreciate. HB is not a subsidy payable to landlords. It is a benefit payable to tenants. If too much is paid it is repayable because you never should...
  3. I am not quite sure I am following you. Whether...

    I am not quite sure I am following you. Whether the agent has a right of set off is irrelevant if you do not owe him anything. If you maintain you do not owe him anything then you sue for the amount...
  4. There is nothing in the further clauses you have...

    There is nothing in the further clauses you have quoted which gives the agent a right of set off.

    I feel here that you are concentrating too much on whether the agent has a right of set off. The...
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    If a tenant vacates the landlord cannot sue for...

    If a tenant vacates the landlord cannot sue for the rent up to the end of the term - at least not all in one go. He cannot sue for any instalment of rent until it has become due. Further, if the...
  6. There are separate points here. As to the...

    There are separate points here.

    As to the deposit it depends on what the tenancy agreement says. If, for example, it says that it is to be held by the agent as stakeholder, then the agent cannot...
  7. I do not think we can blame the conveyancer for...

    I do not think we can blame the conveyancer for the agent's actions. However, what happens to the deposit and what documents are to be handed over on completion should have been provided for.
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    A bit of a shaky basis on which to go to court.

    A bit of a shaky basis on which to go to court.
  9. If you have exchanged contracts your room for...

    If you have exchanged contracts your room for manoeuvre is limited. Whether you can delay completion depends on the terms of the contract. You need to tell your conveyancer and let him advise. At the...
  10. Yes, but like anything else you need to do it...

    Yes, but like anything else you need to do it right.
  11. Have you exchanged contracts yet?

    Have you exchanged contracts yet?
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    Such clauses do not usually extend to all the...

    Such clauses do not usually extend to all the covenants in the lease. The service charge provisions are usually excluded. In any event, the obligation will be to pay the insurance contribution to the...
  13. The way I see it is that if there is nothing in...

    The way I see it is that if there is nothing in the lease, whether express or implied, about whether the loft is included or excluded, you can move on to see if section 62 LPA 1925 applies. If there...
  14. The OP says the block is purpose built.

    The OP says the block is purpose built.
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    If the parties agree between themselves it should...

    If the parties agree between themselves it should be enforceable though writing is preferable and a deed even better. The point is though whether we have the technical problem I mentioned above. Does...
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    It is difficult to see how you can make a claim...

    It is difficult to see how you can make a claim as there is no contractual relationship between you and the reluctant tenant.

    Although there does not seem to have been a problem in practice if a...
  17. I think you are going to have to expand on that...

    I think you are going to have to expand on that as I am not following you.

    As I see it what we have is a top floor flat in the ceiling of which is a hatch leading into the loft. Whilst the...
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    "If this tenancy is continued or run on as a...

    "If this tenancy is continued or run on as a periodic tenancy then the rent will increase each year from the first Rent Due Date more than 364 days after the commencement of the Term, by the amount...
  19. Valid points apart from the last one. Surely the...

    Valid points apart from the last one. Surely the new flat owner does not want a hatch in his floor?
  20. There is nothing in what you quote which allows...

    There is nothing in what you quote which allows the agent to retain anything he is owed by the landlord. However, there may be something else in the agreement which gives the agent a right of set...
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    There is no obligation on a landlord to provide...

    There is no obligation on a landlord to provide alternative accommodation. Whilst the rent may be payable (that depends on the tenancy agreement) a tenant is entitled to a 100% refund for the period...
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    Can we get away from the idea that where there is...

    Can we get away from the idea that where there is a tenancy, however long, the tenant does not own anything. Please read this:...
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    This sounds a bit involved. If you transfer...

    This sounds a bit involved. If you transfer property subject to a loan and the donee agrees to pay the loan or part of it the transfer cannot be a gift.

    Who is the expert you have consulted - not...
  24. No such obligation is implied by law. It is...

    No such obligation is implied by law.

    It is possible for a lease to include an express obligation to inform the landlord if the premises are vacated. Further, it is possible to impose an...
  25. I assume (a) that there is more than one top...

    I assume (a) that there is more than one top floor flat and (b) that no part of the roof space was expressly included in any flat.

    Questions:

    1. Is the roof space expressly excluded from the...
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