on what basis does the editor state that it should be treated as a capital expense. it could be argued both ways in my opinion. reasoned opinions in this matter would be appreciated as this will come up more and...
the simple answer is DON'T its a tough world out there but if you want your investment destroyed, no say on what happens to your property and if you ever get it back the 10's of thousands you would have...
follow through with the section 21. maybe engage a specialist firm to help you get rid of the tenant. unfortunately this happens and will be quite costly but the longer you leave it the bigger and more costly this headache...
Don’t let the new freeholder bully you Engage a good leasehold surveyor and a good specialist solicitor and serve a statutory lease extension It will cost you as your lease is very short but it’s not an unsurmountable issue. Its...
thank you for all your comments. i had 6 companies interested in r&r. made it clear that will require home owning guarantor if a deal is to be made. i have requested details of their guarantor and so far not...
if i may for the benefit of all readers. is the agreement an AST or a commercial lease? if the agreement is with a company am i right in thinking that the usual tenant protections do not apply and it...
then technically it wasn't an ast but a commercial lease and your solicitor should have picked this up! hasn't he? what has he charged you for then? if the above is correct, i would go back to the solicitor and...
Reply to the comment left by Jeff Niehorster at 01/11/2022 - 10:31I am usually on the capitalist side of things but a long standing good (arguably messy) tenant is worth their weight in gold. why would you want to lose...
is the management company a separate legal entity/company from the freeholder? if it is, the maintenance fund is safe, as the management company who presently holds the funds is acting obo the freeholder and if successful, the leaseholder obtains judgment...
is the block not insured? have you checked whether legal fees are covered as part of the block insurance? if/when the particular leaseholder issues summons, a defence should be filled in, or are you simply going to give up on...
you mentioned you signed a contract. what type of contract was this? have you paid a deposit or fee with this contract. i would expect that if there is a contract, an offer, an acceptance and consideration the contract is...
Would you care to expand on your query. Who is/are the legal owners on the title deed. When you say family member, is this a spouse? Any transfer of a property asset would be treated as a disposal at current...
this comes down to how much you want the house and possibly be a bargaining chip to knock a couple of grand off the original offer. dependent on whether the work was done correctly, a building surveyor should easily ascertain...
Hi Paul thanks for your comments. Why do you think negligence needs to be demonstrated? Whether negligent or not the damage was caused and somebody has to pay for it. Are you saying the ‘flat downstairs ‘ should just suck...
correct, the lesser of the 10K excess or actual costs of works through a claim between leaseholders, in this case the bottom flat suing the top flat. placing liability is a slam dunk (in my opinion) if you have a...
Hi Jason, i think i was unclear. The block has one insurance for the entire block (the freeholders insurance). the claim would be directly against the leaseholder upstairs (the liability is clear in my opinion, the water emanated from his...
Hi Jason I had similar situations a few times. when you say in point 2. not easily or with any certainty why do you think so? if lets say a leaseholder above your flat has a water leak which seeps...
My initial thoughts are as follows. beneficial ownership should be registered CGT crystallized - I would say no stamp duty - I would say no re affect on the additional mortgage liabilities on answers above the base cost would need...
8th June 2026, 3 weeks ago
on what basis does the editor state that it should be treated as a capital expense. it could be argued both ways in my opinion. reasoned opinions in this matter would be appreciated as this will come up more and...
Read More →15th May 2025, 1 year ago
the simple answer is DON'T its a tough world out there but if you want your investment destroyed, no say on what happens to your property and if you ever get it back the 10's of thousands you would have...
Read More →30th January 2025, 1 year ago
follow through with the section 21. maybe engage a specialist firm to help you get rid of the tenant. unfortunately this happens and will be quite costly but the longer you leave it the bigger and more costly this headache...
Read More →30th January 2025, 1 year ago
Don’t let the new freeholder bully you Engage a good leasehold surveyor and a good specialist solicitor and serve a statutory lease extension It will cost you as your lease is very short but it’s not an unsurmountable issue. Its...
Read More →21st August 2023, 3 years ago
thank you for all your comments. i had 6 companies interested in r&r. made it clear that will require home owning guarantor if a deal is to be made. i have requested details of their guarantor and so far not...
Read More →23rd January 2023, 3 years ago
if i may for the benefit of all readers. is the agreement an AST or a commercial lease? if the agreement is with a company am i right in thinking that the usual tenant protections do not apply and it...
Read More →23rd January 2023, 3 years ago
then technically it wasn't an ast but a commercial lease and your solicitor should have picked this up! hasn't he? what has he charged you for then? if the above is correct, i would go back to the solicitor and...
Read More →23rd January 2023, 3 years ago
do you mean the ast was with a company not with this particular tenant? wouldn't this mean it is a commercial lease and not an ast?
Read More →10th January 2023, 3 years ago
if the lease states 'to charge surveyor’s fees of no more than 4 Guineas' than that is what you are obliged to pay!
Read More →Reply to comment left by Jeff Niehorster at 01/11/2022 - 10:31
Reply to the comment left by Jeff Niehorster at 01/11/2022 - 10:31I am usually on the capitalist side of things but a long standing good (arguably messy) tenant is worth their weight in gold. why would you want to lose...
Read More →7th December 2021, 5 years ago
is the management company a separate legal entity/company from the freeholder? if it is, the maintenance fund is safe, as the management company who presently holds the funds is acting obo the freeholder and if successful, the leaseholder obtains judgment...
Read More →7th December 2021, 5 years ago
is the block not insured? have you checked whether legal fees are covered as part of the block insurance? if/when the particular leaseholder issues summons, a defence should be filled in, or are you simply going to give up on...
Read More →18th June 2020, 6 years ago
you mentioned you signed a contract. what type of contract was this? have you paid a deposit or fee with this contract. i would expect that if there is a contract, an offer, an acceptance and consideration the contract is...
Read More →16th June 2020, 6 years ago
Would you care to expand on your query. Who is/are the legal owners on the title deed. When you say family member, is this a spouse? Any transfer of a property asset would be treated as a disposal at current...
Read More →2nd June 2020, 6 years ago
this comes down to how much you want the house and possibly be a bargaining chip to knock a couple of grand off the original offer. dependent on whether the work was done correctly, a building surveyor should easily ascertain...
Read More →13th September 2019, 7 years ago
Hi Paul thanks for your comments. Why do you think negligence needs to be demonstrated? Whether negligent or not the damage was caused and somebody has to pay for it. Are you saying the ‘flat downstairs ‘ should just suck...
Read More →6th September 2019, 7 years ago
correct, the lesser of the 10K excess or actual costs of works through a claim between leaseholders, in this case the bottom flat suing the top flat. placing liability is a slam dunk (in my opinion) if you have a...
Read More →6th September 2019, 7 years ago
Hi Jason, i think i was unclear. The block has one insurance for the entire block (the freeholders insurance). the claim would be directly against the leaseholder upstairs (the liability is clear in my opinion, the water emanated from his...
Read More →5th September 2019, 7 years ago
Hi Jason I had similar situations a few times. when you say in point 2. not easily or with any certainty why do you think so? if lets say a leaseholder above your flat has a water leak which seeps...
Read More →29th October 2018, 8 years ago
My initial thoughts are as follows. beneficial ownership should be registered CGT crystallized - I would say no stamp duty - I would say no re affect on the additional mortgage liabilities on answers above the base cost would need...
Read More →Showing 20 of 23 comments