Perfectly correct Jay. Interestingly the right to use the easement seems to be "subject to" the payment, so there is a good argument for saying that no right of way can be exercised until payment has been made. The right...
Hi Hugh, this type of problem is not uncommon, and many rights of way (easements) are much more specific than yours as to exactly what sort of rights of way are allowed (e.g., vehicular, pedestrian, horse and carriage, etc). As...
Oh dear Sarah, you have certainly found yourself on the wrong end of the system. Much of the comment here is absolutely spot on, especially Mandy's point about agents not doing proper checks. Suing the agents (or complaining through their...
He can always ask, I suppose on the basis that if you don't ask you don't get! But no, he cannot force you into anything. He is chancing his arm, in a style rather similar to at least one firm...
Hi Fiona - yes, your tenant's notice does not need to expire on a particular day, it just needs to be not less than one calendar month ('clear' doesn't really mean anything technical here). Interestingly this is more than statute...
Hi RIchard, you do have a potential problem with this tree, and you are right to worry about a no-win no-fee lawyer trying to make a claim against you some day for a slipping accident (although I am told by...
Reply to the comment left by "John Frith" at "09/11/2016 - 13:56": Yes John, if you walk into an empty property which does not belong to you and grant a tenancy of it to someone else you have granted a...
I'm sure you and your daughter have the sympathy of everyone who reads this site. I believe that an answer to the problem may lie in your comment that: “The landlord says that the letting agent she has an agreement...
Both Mark and Steve are right Anon.. If the marriage is short (say, less than 3 years) there is a general principle that 'you get out what you put in'. That means don't delay! Otherwise upon divorce all the 'matrimonial'...
Hi Adrian. Under section 36 of the Administration of Justice Act 1970 the county court has a range of powers to postpone possession, or adjourn court proceedings where it thinks that a debtor under the mortgage needs a reasonable time...
Did you have a written agreement with anybody Simon? If this was a genuine sub-let you would have had a tenancy granted to you by the tenant. The tenancy the tenant granted to you would normally be an assured shorthold...
So does she have a right of way over part of your garden to access the outbuilding? And why wouldn't the wall of the outbuilding dividing your land from hers be a Party Wall?
Hi Lynne - I understand Neil's point, and I am assuming that a part of the neighbours land actually 'sticks out' into and beyond your boundary rather than you owning the land upon which their building is situated. That would...
Point taken Romain, but not a trespass such as to entitle the owner take advantage of trespassers' possession procedure under CPR Pt 55, which to my mind is the essence of trespass in practice. Squatting is a term virtually unknown...
Not trespass where they entered with permission and are holding over following the expiry of the fixed term, although this again is subject to the arguments about whether they are 'occupying' or the premises were 'let as a dwelling'. Won't...
Reply to the comment left by "Neil Patterson" at "14/09/2016 - 09:24": Hi Pete. For a tenancy to be an Assured Shorthold Tenancy the property has to be the tenant's 'only or principal home' (Section 1 Housing Act 1988). That...
It is also worth pointing out - to any tenants who are facing this awful situation - that "Housing Options" is a well known local authority cop-out. You don't have to wait for 4 hours to be seen by someone...
Fiona, the scenario you describe does have some dangers. Firstly and most importantly Scottish law is different from the law of England and Wales, so this advice might not be right. Under English law the likelihood is that she would...
11th October 2017, 9 years ago
Very wise decision Alison! It could have been a great bargain, but the risks are very high. Incidentally I'm sure I know you from somewhere.
Read More →14th January 2017, 9 years ago
Perfectly correct Jay. Interestingly the right to use the easement seems to be "subject to" the payment, so there is a good argument for saying that no right of way can be exercised until payment has been made. The right...
Read More →9th January 2017, 9 years ago
Hi Hugh, this type of problem is not uncommon, and many rights of way (easements) are much more specific than yours as to exactly what sort of rights of way are allowed (e.g., vehicular, pedestrian, horse and carriage, etc). As...
Read More →4th January 2017, 9 years ago
Oh dear Sarah, you have certainly found yourself on the wrong end of the system. Much of the comment here is absolutely spot on, especially Mandy's point about agents not doing proper checks. Suing the agents (or complaining through their...
Read More →12th December 2016, 9 years ago
You may well be right John, but note "It had a defective lease hence got it for a good price" - sometimes you get what you pay for ?
Read More →12th December 2016, 9 years ago
He can always ask, I suppose on the basis that if you don't ask you don't get! But no, he cannot force you into anything. He is chancing his arm, in a style rather similar to at least one firm...
Read More →7th December 2016, 9 years ago
Hi Fiona - yes, your tenant's notice does not need to expire on a particular day, it just needs to be not less than one calendar month ('clear' doesn't really mean anything technical here). Interestingly this is more than statute...
Read More →5th December 2016, 9 years ago
Hi RIchard, you do have a potential problem with this tree, and you are right to worry about a no-win no-fee lawyer trying to make a claim against you some day for a slipping accident (although I am told by...
Read More →Reply to comment left by John Frith at 09/11/2016 - 13:56
Reply to the comment left by "John Frith" at "09/11/2016 - 13:56": Yes John, if you walk into an empty property which does not belong to you and grant a tenancy of it to someone else you have granted a...
Read More →9th November 2016, 9 years ago
I'm sure you and your daughter have the sympathy of everyone who reads this site. I believe that an answer to the problem may lie in your comment that: “The landlord says that the letting agent she has an agreement...
Read More →24th October 2016, 9 years ago
Both Mark and Steve are right Anon.. If the marriage is short (say, less than 3 years) there is a general principle that 'you get out what you put in'. That means don't delay! Otherwise upon divorce all the 'matrimonial'...
Read More →3rd October 2016, 10 years ago
Hi Adrian. Under section 36 of the Administration of Justice Act 1970 the county court has a range of powers to postpone possession, or adjourn court proceedings where it thinks that a debtor under the mortgage needs a reasonable time...
Read More →28th September 2016, 10 years ago
Did you have a written agreement with anybody Simon? If this was a genuine sub-let you would have had a tenancy granted to you by the tenant. The tenancy the tenant granted to you would normally be an assured shorthold...
Read More →22nd September 2016, 10 years ago
So does she have a right of way over part of your garden to access the outbuilding? And why wouldn't the wall of the outbuilding dividing your land from hers be a Party Wall?
Read More →22nd September 2016, 10 years ago
Hi Lynne - I understand Neil's point, and I am assuming that a part of the neighbours land actually 'sticks out' into and beyond your boundary rather than you owning the land upon which their building is situated. That would...
Read More →14th September 2016, 10 years ago
Point taken Romain, but not a trespass such as to entitle the owner take advantage of trespassers' possession procedure under CPR Pt 55, which to my mind is the essence of trespass in practice. Squatting is a term virtually unknown...
Read More →14th September 2016, 10 years ago
Not trespass where they entered with permission and are holding over following the expiry of the fixed term, although this again is subject to the arguments about whether they are 'occupying' or the premises were 'let as a dwelling'. Won't...
Read More →Reply to comment left by Neil Patterson at 14/09/2016 - 09:24
Reply to the comment left by "Neil Patterson" at "14/09/2016 - 09:24": Hi Pete. For a tenancy to be an Assured Shorthold Tenancy the property has to be the tenant's 'only or principal home' (Section 1 Housing Act 1988). That...
Read More →14th September 2016, 10 years ago
It is also worth pointing out - to any tenants who are facing this awful situation - that "Housing Options" is a well known local authority cop-out. You don't have to wait for 4 hours to be seen by someone...
Read More →13th September 2016, 10 years ago
Fiona, the scenario you describe does have some dangers. Firstly and most importantly Scottish law is different from the law of England and Wales, so this advice might not be right. Under English law the likelihood is that she would...
Read More →Showing 20 of 81 comments