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[Lawcruncher]

I think the idea must be to cross out "nobody else" and insert the name of the PO.

I cannot quote any direct authority to back what I said in post 9, but I think it follows from basic principles. It has to be implicit that if you let a three bed house that the tenant can make...

[Lawcruncher]

"Permitted occupier" (very much in quotes) is another concept conjured up out of the mists in recent years. A tenancy involves the grant of exclusive possession. There is no rule of law which says that only a tenant may occupy the property. Under the law of landlord and tenant, a tenant can...

[Lawcruncher]

An instrument releasing a covenant needs to be made by deed. It also of course has to have the right words in it. You should also note that a release may not necessarily be effective to extinguish the covenant. To get the covenant removed from your title you need to satisfy the LR that it has been executed...

[Lawcruncher]

See paragraph 4 here: https://www.gov.uk/government/public...-of-a-certific...

[Lawcruncher]

To finalise the draft deed I need to know what the lease reserves as rent. Please quote the relevant part of the lease.

[Lawcruncher]

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Unfortunately I cannot find any online reports of the cases referred to. They pre-date the HA 1988 which may make them irrelevant if the statutes considered were worded differently....

[Lawcruncher]

I think that has to be the case.

But what about something like a warehouse converted into flats. That is going to be a single building. If someone buys two of 15 flats and lets one and lives in the other and fulfils the resident landlord conditions can the tenancy be assured? And what about...

[Lawcruncher]

The problem is to distinguish between someone who describes himself as a landlord and tenant specialist but does not justify the description and someone who does. On the whole good specialists are more likely to be found in larger firms than smaller ones.You probably want to avoid the very largest firms...

[Lawcruncher]

On the basis of the information supplied and assuming that the tenancy is not an assured tenancy and that you have done nothing which has allowed a new tenancy to arise, you should get an order for possession. However do bear in mind that sometimes there can be a devil in the detail which upsets everything....

[Lawcruncher]

Only if you have not accepted or demanded any rent or otherwise done anything inconsistent with the tenant being a trespasser....

[Lawcruncher]

Who controls the original management company? Has it formally "bowed out"? Does the definition of "the Company" in the lease include words along the lines of "...and includes any company replacing it"?

The full clause tells us what needs to be in the deed and...

[Lawcruncher]

If a fixed term residential tenancy which is not an assured tenancy (whether shorthold or not) comes to an end, whether a new non-statutory periodic tenancy arises if the tenant remains in occupation depends on the actions of the parties. Since the fixed term tenancy ends by effluxion of time no notice...

[Lawcruncher]

The point about positive covenants relates to covenants affecting freehold land. When it comes to old leases the distinction is between covenants which "touch and concern the land" and those which do not. Almost all, if not actually all, covenants in a standard form of long residential lease...

[Lawcruncher]

"a Deed of Covenant with the Lessor and the Company..."

Who in the lease is "the Company"?

May we know please what the three dots represent?

[Lawcruncher]

They can also claim missing diamond necklace if you enter with permission, or for that matter if you do not enter at all....

[Lawcruncher]

The provision would seem to be covered by one of the terms considered unfair as set out in 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 trader a disproportionately...

[Lawcruncher]

I was never a litigator and so cannot speak with any authority on the question, but my view is:

Some years ago I had a discussion with leaseholdanswers about whether a landlord who loses and is ordered to pay costs can charge the costs to the service charge if the lease allows it. I am...

[Lawcruncher]

I was having second thoughts about that. Not following my own advice to avoid saying what you do not need to say! Leave out: "as, apart for anything else, I am finding it all very stressful."



Either your are disputing the matter or you are not. They are going to...

[Lawcruncher]

Do the leases exclude the roof, roofspace or air above the roof?

How long were the leases granted for?

Is the proposed access from land you own and not inlcuded in any lease?

Are the coach houses listed buildings or in a conservation area?

Are the...

[Lawcruncher]

I had in mind the situation where the tenant or guarantor seeks legal advice without any obligation being imposed by the landlord. As a general principle I think that any obligation imposed on a party by a contract to be legally represented has to be void as against public policy. Certainly any provision...