Chris Best

Registered with Property118.com
Tuesday 30th July 2013


Latest Comments

Total Number of Property118 Comments: 14

Chris Best

15:12 PM, 26th January 2016
About 3 years ago

Turns out a property I bought over 2 years ago has a charge against it?

Somewhat flummoxed by this. You say that no local land search was carried out (because it was your first investment property - not sure why that makes any difference), but you do have a mortgage and a solicitor acting for you. I don't understand how you managed to get a mortgage at all without a land search being carried out - normally I would expect a mortgagor to insist on it; after all, this is exactly the kind of situation a land search is supposed to protect you against. You also say that the charge is for local mine workings, but then say that the reason for the debt to the council is something to do with work on the boiler not carried out by the previous landlord.

Any charge against a property should appear on the Land Registry entry for that property. You can even check this online now. If your solicitor failed to check the Land Registry entry for the property you were purchasing, this in my view would be gross negligence. I would suggest that you need to contact your previous solicitor and threaten them with this unless they get their finger out. I would also suggest that since you have purchased the property with the charge against it (and if the charge is registered, then you will be deemed to be aware of the charge whether you checked it or not) the bank have no duty to specifically make you aware - it is a case of caveat emptor (buyer beware) as your solicitor should have done this.

Get some legal advice, and probably not from the solicitor you used in the first place as they have proven to be useless!... Read More

Chris Best

11:12 AM, 23rd October 2015
About 4 years ago

Conservative Councillor hits out at ruinous landlord tax plan

Excellent letter. Am sending a copy of this to my (Conservative) MP... Read More

Chris Best

0:30 AM, 3rd October 2015
About 4 years ago

If you have a serious complaint your Landlord cannot evict you for 6 months!

Interesting point made about the fact that the landlord has to give the booklet to the tenant, so who is liable and what are the consequences if the information therein is incorrect? In reality, I don't think it matters. The landlord is governed by the law, not what the booklet happens to say, and the contract between the landlord and tenant cannot change the law no matter what it says (as an example, you cannot put in the contract that the tenant must leave within 14 days if the rent is late, because the law says otherwise). Being misinformed about the law is not a defence in court for anyone. Which means that the government is misinforming tenants and it is the tenants that will suffer if they rely on the information provided - because the courts will apply the law, not the government's interpretation of it in the booklet.... Read More

Chris Best

16:54 PM, 2nd October 2015
About 4 years ago

If you have a serious complaint your Landlord cannot evict you for 6 months!

As far as I am aware this is advice issued to tenants by local authorities - it does not have the force of law, so if the booklet is wrong, that's a problem for the local authority and the tenants they advise. We as landlords have to abide by law - if guidance from LAs is incorrect, this does not affect our legal rights and obligations. So the courts won't even look at the booklet, they will (as always) be looking at the legislation.... Read More

Chris Best

17:47 PM, 30th July 2015
About 4 years ago

Legionella scaremongering by some letting agents debunked

Alex, that's an excellent summary, many thanks... Read More