Charles King - Barrister-At-Law

Registered with Property118.com
Friday 1st August 2014


Latest Comments

Total Number of Property118 Comments: 81

Charles King - Barrister-At-Law

11:03 AM, 11th October 2017
About A year ago

Purchasing a Sale and Rent back property at auction?

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

Charles King - Barrister-At-Law

19:10 PM, 14th January 2017
About 2 years ago

"Right of way" what are the limits of their use?

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 to use the easement is conditional upon a preceding event (payment), although "making a due and proper proportion" doesn't make sense. Land rights subject to 'conditions precedent' are subject to special rules, so are 'due' payments. And who is 'the transferor' whose surveyor is supposed to sort it all out (the transferor will be defined somewhere in the documents). Plenty of work for lawyers there in interpreting that clause! You're best to try and agree something with the neighbour.... Read More

Charles King - Barrister-At-Law

12:58 PM, 9th January 2017
About 2 years ago

"Right of way" what are the limits of their use?

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 you can probably guess, the extent to which you neighbour's right of way is 'necessary' is the key to the problem in your case, and is also the difficulty. The purpose of the right of way originally envisaged by the people who agreed to it and drew it up in the first place will be a crucial factor. Whilst some small reasonable departure from the original use might be tolerable to a court deciding upon the extent of an easement, a substantially different use or increase in scale of use will not. For example, a garden gate (such as that shown next to your post in this site (very creative Mark!)) will not allow redevelopment for vehicular access. There is no straightforward answer, save to say that a neighbour cannot take the mickey. If you are talking about a shared residential driveway, where you are the legal owner of the drive, it may or may not be acceptable to allow use for an additional new build property, for example. Judges in the county court (or in your case most likely the First Tier Tribunal of the Land Registry) don't like stifling redevelopment, nor do they like steamrollering over someone's property rights. I guess that your case would involve a classic balancing act.... Read More

Charles King - Barrister-At-Law

12:38 PM, 4th January 2017
About 2 years ago

Can the system really be so stacked against the landlord?

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 in-house or ombudsman system) is an option, but involves further delay, inconvenience and hassle for you. Only you can evaluate whether that is worth it to you, or whether to take the loss on the chin and move on, having learnt the expensive lesson which almost all landlords at some point or other will learn as part of the business.The court process is slow (and getting slower thanks to cuts), but it may be that by now that you have heard from the court that his appeal has been dismissed. I suspect the judge who said that the previous convictions were irrelevant was speaking strictly in terms of the issues which need to be decided in a possession claim, which, as Thom says, is all about process. Your tenant may be Jack the Ripper, but that is less important than the date on the notice. Even Jack the Ripper would have had rights under the Housing Act, whatever you think of them. I believe that efficient management is the key - if the rent is due in advance on the first of the month and the tenant does not pay on 1st January or 1st February then they are in 2 months arrears as at the 2nd February and you can (and should) serve a section 8 notice there and then, citing the 2 months mandatory ground for possession. You should do this just to protect yourself from the situation you are in right now. You do not have to take court proceedings just because you have served notice, but you cannot take court proceedings without the notice. So serve the notice as soon as you can. Similarly you do not have to enforce a possession order just because you have obtained one, but it may be impossible to obtainn possession without an order, so get one if you can and if possible negotiate with the tenant from a position of strength. I wish you the very best of luck with your case, and I hope this hasn't put you off altogether.... Read More

Charles King - Barrister-At-Law

19:26 PM, 12th December 2016
About 2 years ago

Freeholder wants £35k for a Variation of a Defective Lease!

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