charles stevens, Author at Property118

charles stevens

Hi, I think you are thinking of clauses/conditions in documents that could result in a legal document (or at least the relevant clause) being held invalid due to uncertainty. That's not the case here as all that is happening is...

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Yes that sounds right from what you have said. You put the date the tenant was able to take up occupation in Box 6 and Box 7 the date of the AST itself.

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I have dealt with more possession claims than I care to remember and I have never heard this argument being used. The reason for this is likely (a) the tenancy itself normally has provisions dealing with deemed service eg if...

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Reply to the comment left by Tarkan Konc at 22/01/2023 - 17:12Hi, I think you can issue a section 21 notice but you just wouldn't be able to use the accelerated procedure approach if you have to make an application...

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Hi, my understanding is that the EPC only needs to be valid at the time you served it which was presumably prior to the AST originally being granted. If, as in your situation, the EPC expired during the tenancy then...

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Hi, I am sorry to hear about the situation you have found yourself in. The short answer to your questions are as follows: 1. If the property was sold with vacant possession ('VP') and VP was not given on completion...

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Accelerated Process – solicitor says no!?

28th January 2023, 3 years ago

Hi, so far as I am aware: 1. I am not familiar with the term the solicitor has used but assume that they are referring to a provision in the PI that states when you can make deductions from the...

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Hi, provided the tenant took up occupation after the 15th Jan 1989, the likelihood is that the tenant is occupying the property under an Assured Shorthold Tenancy. As the tenants have fallen behind in their rent, as others have said,...

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Lodger or not a lodger?

14th January 2023, 3 years ago

Hi, sorry to hear about your issues with your mother. Sadly this does happen more often than you would think. From what you have said it does appear that your mother would be deemed to be an 'excluded occupier' which...

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Tenant not leaving after eviction notice?

14th January 2023, 3 years ago

Hi, sorry to hear about your situation. Assuming that your tenant's on an AST and the fixed term has now expired then the section 21 route is clearly what you are referring to and unfortunately the speed with which these...

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Reply to the comment left by Seething Landlord at 29/12/2022 - 12:18I completely understand what you are saying but must admit that, in my experience, most landlord's only use section 21 when (1) as you say, the landlord wishes to...

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Reply to the comment left by Luke P at 29/12/2022 - 09:35He openly admitted that the system is broken but did appreciate that understanding that there is a problem doesn't help solve it. I just really think that, in the...

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I had lunch with a Judge just before Christmas and made pretty much the same point. Long and short of our conversation was that, in dealing with possession matters, the Court system is broken. For some reason, landlords are portrayed...

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Hi, to be honest what the land registry believe the position to be is neither here nor there to be honest. In practice, as your previous solicitor mentioned, once a declaration of trust has been entered into the solicitor should...

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Hi, what is the actual present use of the loft space post-dormer? Have you converted the loft space to a habitable space? Best, Charles

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Does the agreement override the lease?

24th October 2022, 3 years ago

Hi, speaking generally, a lease of a residential block may contain a list of 'services' that the freeholder may provide in order to comply with 'good estate management'. This may, as appears in your case, to include a porter. The...

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CGT on a gifted property?

13th October 2022, 3 years ago

I think the first question I would ask you is, what is the reasoning behind gifting the property to you at this time? Can you give some information as to what it is you are trying to achieve by the...

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Hi GP, please do not think I am suggesting anyone trusts the 'money men' I just don't think that what they are doing will give them the power to do what you think. Taking your example here, if you took...

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Exactly. Its just another 'headline policy' that in truth they couldn't possibly bring in legislation that does exactly what their headline purports to do.

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Exactly how do they think this will solve the housing crisis? All this will do is cause more landlord's to rethink and, in alot of instances, likely sell up and reduce the already depleted number of rental properties available. People...

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Showing 20 of 170 comments

charles stevens

charles stevens


Registered with Property118.com

16th May 2022

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Bio

Legal advisor to a variety of people on various areas of law.