Darren Peters

Registered with Property118.com
Saturday 2nd January 2016

Latest Comments

Total Number of Property118 Comments: 174

Darren Peters

10:19 AM, 16th March 2021
About 4 weeks ago

Communal "garden grab"?

What exactly does your Lease state about the communal gardens? Ie do you have the right to use communal gardens?

If there is a specific right given to you in your Lease it can't be taken from you by the Freeholder or is agent or a vote of the other Leaseholders without your permission. As an analogy, the other Leaseholders and Freeholder can't gang up on you and take away the 2nd bedroom of your two bed flat because it suits their convenience.

So is there any right to the gardens in that Lease that would be removed by what they planned to do?

I'm not a lawyer, just my opinion... Read More

Darren Peters

10:11 AM, 16th March 2021
About 4 weeks ago

I’ve found a property in the town centre which is ideal but?

If I've understood correctly it's a shop with flat above and the Freehold of the whole building is what is being offered to you for sale.

At some point a Lease was created for the flat above and it was sold off to somebody - perhaps for 99 or 125 years so it is not something you will gain the utility of in your lifetime. If you purchased the Freehold you would be effectively gaining the utility of the shop only. There may be some ground rent payable to you as Freeholder from the Leaseholder upstairs - or not. There would likely be some agreement on cost apportionment for certain repairs such as the roof. You would need to check and understand your rights and obligations as Freeholder.

It's not a scam, it's just not possible for an upstairs and downstairs to be split into separate Freeholds so a Lease is created for one part.

You are in a slightly better position as Freeholder as you get to decide what needs repairing and when. Plus the Leaseholder has to ask your permission for certain things - which will be set out in the Lease.... Read More

Darren Peters

10:17 AM, 11th March 2021
About a month ago

Management Company has got involved with the EICR?

I'm not an electrician and this is just personal opinion but surely the EICR for your apartment should only test what's inside your apartment.

If your consumer unit (fusebox) has surge protection then the only risk should be that the supply cuts off. It shouldn't be possible for any problems outside the apartment to find their way into your domain assuming all of your wiring is correct. Again just an opinion so it would be worth contacting NICEIC for clarification:

I can't comment on the fact that the management company/Freeholder are dragging their heels but perhaps NICEIC can further clarify whether there's a legal requirement for them to take action more quickly.... Read More

Darren Peters

11:51 AM, 10th March 2021
About a month ago

Agent Renewing fees?

Why renew the Tenancy? Just say you'll allow it to roll over to Statutory periodic.... Read More

Darren Peters

16:15 PM, 5th March 2021
About a month ago

Big mistake but I just want my house back?

For clarity, is the MCOL process completely separate from Section 8? Could you theoretically _not_ give notice but take the MCOL route? Would the MCOL be for a specific stated amount or could it be something like '£5,000 arrears to date plus £27 per day until the property is vacated?' I'm thinking that, with evictions being slow an order for money which grows daily might be a faster, stronger incentive to action.

Finally what is the burden of proof required to get an MCOL order?

Thanks... Read More