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...
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.
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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.
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...
Reply to comment left by Suresh Parikh at 09/11/2021 - 10:17
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...
Read More →19th February 2023, 3 years ago
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.
Read More →19th February 2023, 3 years ago
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...
Read More →Reply to comment left by Tarkan Konc at 22/01/2023 - 17:12
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...
Read More →17th February 2023, 3 years ago
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...
Read More →3rd February 2023, 3 years ago
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...
Read More →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...
Read More →21st January 2023, 3 years ago
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,...
Read More →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...
Read More →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...
Read More →Reply to comment left by David Heal at 29/12/2022 - 12:18
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...
Read More →Reply to comment left by Luke P at 29/12/2022 - 09:35
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...
Read More →29th December 2022, 3 years ago
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...
Read More →23rd December 2022, 3 years ago
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...
Read More →21st December 2022, 3 years ago
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
Read More →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...
Read More →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...
Read More →Reply to comment left by Winsome Palmer at 05/10/2022 - 16:45
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...
Read More →Reply to comment left by Steve W at 28/09/2022 - 09:04
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.
Read More →28th September 2022, 4 years ago
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...
Read More →Showing 20 of 170 comments