On another thread I've suggested trying Swarblaw forum which I've found excellent. It has numerous law forums including one on Company law.
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It should be the surveyor rather than the conveyancer who picks up that the property has a dpc.
It is down to the conveyancer to check the planning title, but what he cannot do is guess what changes have been made to a property. If a conveyancer is told, for example, that a property has an extension, he can make the necessary enquiries.
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Originally posted by Lawcruncher View PostIt should be the surveyor rather than the conveyancer who picks up that the property has a dpc.
It is down to the conveyancer to check the planning title, but what he cannot do is guess what changes have been made to a property. If a conveyancer is told, for example, that a property has an extension, he can make the necessary enquiries.
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See your other thread for lawcruncher's similar response. Moderator2 the various threads (about 4) should probably be merged.
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Originally posted by Stacker View Post
Thanks for sharing that Scot..its an interesting angle ...my damp issues trundles on....
it would appear that in another court case that unless the lease covenants state what needs to be repaired and maintained ie structural foundations and damp then some work could be seen as improvements and some judge said that the freeholder can not expect to be given back an improvement to the property so if damp proofing is not in the lease it may well be classed as an improvement however I am not convinced about that as damp effects the property foundations of the building.
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Originally posted by StackerSo it transpires that the directors who are clueless have not been insuring the building properly, exposing us all to financial loss we cant get rid of them as we have a minority shareholder situation.
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Originally posted by AndrewDod View PostAnd the question is?
Please please do not post any more one liner threads on the same overall scenario, with so little content as to make no feasible meaningful response possible. What does "not insuring properly" mean? See numerous other threads on insurance.
yes they all come under insurance but they are different issues hence they cant be all posted at once because they come up at different times and now we have another insurance question about running a business which is not allowed and may affect the insurance.
the intention is to get help on different points. Fair enough if all the queries come up at once then they could all be posted as one thread however that has not been the chain of events so far..so hence they have not been posted all at once..
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by SouthernDaveThe word “structure” is definitely misused in lease agreements. If the word “structural” is used then this could refer to load bearing walls, but the word “structure” is fairly ambiguous. Even though a partition wouldn’t technically be “structural”, it could still be considered “structure”....
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Channel: Long Leasehold Questions
15-08-2022, 21:57 PM -
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by SouthernDaveI’ve seen this question come up before, but I couldn’t find a topic specific to this question;
we have bought a leasehold flat which needs major work. I have submitted drawings to the freeholder for their permission to put up a wall and make a new door way, BUT…
changing the kitchen...-
Channel: Long Leasehold Questions
15-08-2022, 16:50 PM -
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by TipperRemoving walls between rooms can compromise the fire compartmentation and escape routes from of the flat. You should be careful not to put yourselves or others at risk....
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Channel: Long Leasehold Questions
15-08-2022, 21:20 PM -
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by Section20zRemoving any wall is a structural alteration (regardless if its plasterboard it can still be load bearing). I would always want to see full plans and structural engineers report before granting consent.
Risks to freeholder are just too great....-
Channel: Long Leasehold Questions
15-08-2022, 21:11 PM -
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by StarlaneThe flat above one of our tenants has caused two separate water ingress issues to the flat below June and August, the issue is apparently either a faulty slow leaking stop cock or washing machine. They have asked to see a plumbers report and apparently there isnt one .The MA said no insurance claim...
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Channel: Long Leasehold Questions
14-08-2022, 16:56 PM -
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by LawcruncherStarlane should ask for a claim to be made to see what the MA comes back with.
It comes down to what the tenant's repair clause, the landlord's repair clause and the insurance provisions in the lease say and how they interact. Can you set them out for us, Starlane?-
Channel: Long Leasehold Questions
15-08-2022, 20:51 PM -
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by jrsteeveYou aren't actually wrong. The damage caused so far may be below the excess, so not worthy of a claim. If remedials are above the excess the MA should put you in touch with the broker/claims portal. Unless it's affecting the common areas the MA will deem it a flat to flat leak, so isn't their immediate...
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Channel: Long Leasehold Questions
15-08-2022, 20:16 PM -
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by Hudson01No, i did'nt but i know of neighbours who did..... but they were just plasterboard walls to separate the lounge from the kitchen to make it a little more..... open. So certainly no supporting walls that would require steel etc. I would say that anything requiring more than a joiner would be a no, n...
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Channel: Residential Letting Questions
15-08-2022, 17:38 PM -
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by comm1985What can a freeholder do to a leaseholder who is subletting to a subtenant that is causing nuisance to the adjacent neighbours (anti social behaviour).
Steps Taken so far:
1) A police complaint against the subtenant has already been raised by the adjacent neighbours.
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Channel: Long Leasehold Questions
15-08-2022, 10:00 AM -
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Reply to Enforcement of Nuisance Clauseby AndrewDodYou can likely do nothing at all, but letting us know the exact problem would help.
Landlords of tenants can hardly remove them anyway even if they want to do so - so not sure that your S146 is going to assist. The nuclear option is hardly likely to succeed anyway....-
Channel: Long Leasehold Questions
15-08-2022, 17:30 PM -
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