Landlords' lack of rights?

[Lawcruncher]

I agree that "having a clause elsewhere" is not to be recommended. Doing it leads me to wonder what else is amiss in the agreement and who drafted it,...

[Lawcruncher]

There is a difference between private and public rights of way.

There is no mechanism for a person over whose land a private right of way is exercised to get the route altered.

Orders can though be made for public paths to be diverted or closed....

[Lawcruncher]

On the whole I am against too many restrictions on tenants. However, deep fat fryers do cause a significant number of domestic fires so banning them is not unreasonable, though it is going to be difficult to police. You need to bring the ban to the tenant's attention other than by tucking it away in...

[Lawcruncher]

Do not go on that assumption. You cannot unilaterally alter the route of a right of way even if the alternative is equally convenient....

[Lawcruncher]

They are certainly going to quote it. There is often an opportunity to distinguish ...

[Lawcruncher]

A property can be subject to rights of way and other easements not shown on the register because they are overriding interests; see this guide, in particular section 5.3.

There is no procedure for modifying or extinguishing easements equivalent to that for modifying or discharging restrictive...

[Lawcruncher]

Not sure I am very happy with it....

[Lawcruncher]

In an alienation clause "underlet" means "sublet"....

[Lawcruncher]

That is a standard clause, except that it is a perhaps a bit unusual to require consent for the assignment of a long residential lease. Since consent must not be unreasonably withheld section 19 of the Landlord and Tenant Act 1927 applies and no premium can be charged for granting consent.
...

[Lawcruncher]

Refer the agent to paragraph 5 of the list of terms which may be regarded as unfair set out in Schedule 2 to the Consumer Rights Act 2015:

A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the...

[Lawcruncher]

The default is that if the lease does not specify the method of payment the tenant can pay by cash. I seem to recall some ancient rule that the rent has to be tendered between sunrise and sunset, but that could be levying distress; you do not say if the service charge is reserved as rent. You need to...

[Lawcruncher]

I cannot say how usual it is to find cases where the freehold and leasehold titles have not been merged. I only worked in areas where long leasehold houses were unusual. Despite the case referred to above, either through an abundance of caution or because the client wants to save costs, it would not...

[Lawcruncher]

In that case the wall has to be the boundary.

Tell the neighbour that if he deposits any more refuse on your land you will report him to the council for fly-tipping and sue for trespass.

Check your title to ensure that the neighbour does not have a right of access to carry...

[Lawcruncher]

First, I think you have to apply the de minimis rule with a good dash of common sense. If the demise includes a garden you have to be allowed to mow the grass, grow flowers and vegetables and plant bushes. Planting large trees in a small garden might be a grey area. You also need to be able to do the...

[Lawcruncher]

If there is a long initial period it is natural to think of it as fixed. I have certainly described an inital period as fixed myself, but now avoid describing it as such to avoid confusion. Indeed, any periodic tenancy can be analysed as comprising an initial fixed term. However, a tenancy is either...

[Lawcruncher]

As consent cannot be unreasonably withheld no premium can be charged. Statute is clear:

In all leases whether made before or after the commencement of this Act containing a covenant condition or agreement against the making of improvements without a licence or consent, such covenant condition...

[Lawcruncher]

In another thread:



So:

(a) What substantial rights do landlords lack which you think they should have?
(b) What rights do tenants have which you think they should lose?
(c) If landords were to get the rights you think they should have and tenants were...

[Lawcruncher]

It is! The action would be a trespass....

[Lawcruncher]

First, you can be reassured that there are no problems with owning both the leasehold and freehold titles to the same property. The assertion that the property is definitely freehold is not misleading as it is perfectly true and there is no disadvantage in also having a leasehold title. If you are your...

[Lawcruncher]

At what point was the wall built?