Mike W

Registered with Property118.com
Tuesday 10th September 2013


Latest Comments

Total Number of Property118 Comments: 182

Mike W

A month ago
Trespass by Housing Association

Hi Barry,
I think you need to first check your deeds to see if there are any freeholder rights. I suspect not for this.
The most likely cause is the ignorance of the installer who took the easiest solution without considering the legal aspects. It would be normal to discharge into a drain - either internal or external. However is it the condensate line or the blowdown line - which would be much more serious? If it is the condensate line where has he put the blowdown line?
You can't do nothing as that would be tacit acceptance of the situation. Frankly I am not sure the condensate is harmful if it is normally discharged to drains ..... but I am not an expert. I had this sort of situation years ago but prior to installation asked my neighbour if i could discharge the condensate into the water drain which took the rainwater off my roof. (The drain was located in his garden when the properties were originally built and there were provisions in the deeds to allow me to do it - but I thought I better 'ask' first - just to be polite.)... Read More

Mike W

2 months ago
Tenancy achieved by deception question

Tobias,
So you rented out a property worth £? to someone you had never met before based on what they said to you. And you believed them without checking whether their statements were true. That is very generous and trusting of you.
Whether or not they have a job may not be relevant if they have other sources of finance, and of course a job can be a zero hours contract or a ceo of a large company - both are insecure. But I can understand your reservations: you now consider them untrustworthy, and if something goes wrong how can you trust their version of events?
I think your powers of removal are entirely based upon the tenant performance: namely whether or not they meet their obligations, for example, pay the rent. To try and remove someone from a contract, just because you think they are untrustworthy, would not get very far in court.... Read More

Mike W

2 months ago
One months rent robbed by ex-owner of new flat

Sophie,
I have sold several properties with tenants in situ.
My first comment is that you appear to be a little early off the mark given that the money transaction only took place on 20 Sept. Unless of course you exchanged (concluded the bargain) sometime previously and had plenty of time to think of these issues and discuss them with your solicitor? The rent was due to the seller prior to the 20th and was received (presumably in full) by the factor/agent. The factor does not work for you (presumably) and he was perfectly correct to transfer the whole sum to the seller because he was entitled to receive it.
So what does your purchase contract say in respect of the rent? Presumably you had a copy which you approved prior to concluding the bargain? There are usually standard clauses, for example, relating to boiler and gas checks giving you usually a few days after acquiring the property to check things are working. My recollection of the standard contract (and depending where you are in Scotland there are different standard contracts) is that it does not usually provide for tenants in situ so if it is silent, yes the rent would be apportioned by days for the monthly period (in this case there being 30 days in the month). So your solicitor will have asked the selling solicitor for the sum due to you. It does take time because solicitors usually transfer such sums by cheque and wait the 5-7 days for funds to clear etc. And of course since buying a property with tenants in situ is somewhat unusual, solicitors often forget this little detail. Have you received your final bill from your solicitor?
What have you done regarding the deposit? Has the landlord interest been transferred to you? Do you know where it is held? Have you introduced yourself to the tenants? Have you informed them where rent should now be paid?
In summary I think you have not given your solicitor time to deal with the issue and all your efforts to 'solve' the problem on your own will probably be met with some puzzlement after only 5 working days, particularly with the use of the word 'thievery'. My view is that the matter, if it has been overlooked, is probably in progress and will be resolved shortly. However, I trust my solicitor and often ensure he is always in funds and of course I know I will get the account balanced in due course.... Read More

Mike W

2 months ago
Council are saying we can't stay in our own annex?

Reply to the comment left by sam at 27/09/2017 - 00:19
Sam, you don't necessarily have to use the £7200 option and can instead produce full accounts presenting a bit of own use of the property.... Read More

Mike W

2 months ago
Council are saying we can't stay in our own annex?

I have come across this before and you need to carefully read the planning conditions applicable to the conversion. This usually happens when the annex is deemed for planning purposes to be part of the original house. (= you cannot subdivide the property)

Now logic would suggest that if you can 'rent a room' in your house you can rent out the larger part (the original house) and live in the smaller part (the annex) but of course then you would have (possibly) a different rent agreement.

At least that is what neighbours of ours did.... Read More