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[Lawcruncher]

Not sure there is any justification for that. It seems he served notice of assignment. It is not his fault if the landlord purported to reject it, though one would have expected him to follow it up, which he may well have done. It is also not his fault if the landlord has the law round his neck. Even...

[Lawcruncher]

I would bring section 5 up straightaway. It should short-circuit things.

As to your last paragraph it will depend on when the lease makes the payment due. If the amount had not been calculated before completion I do not see how it can have been due before completion.

[Lawcruncher]

When was the lease granted?

Is your lease registered with good or absolute title?

Has anyone been demanding rent or service charge or otherwise suggesting he is the landlord?

The fact the freehold is not registered does not rule out serving...

[Lawcruncher]

I think that the LHA are probably right. However you can ask for consent to see if the landlord raises the point.

[Lawcruncher]

"I am pleased to confirm that we are happy for you to proceed with the proposed internal renovations and redecorations in accordance with the conditions set out in XXX City Council planning approval dated DD MMM 2021"

That clearly amounts to consent. There was a in fact a case...

[Lawcruncher]

Incorrect....

[Lawcruncher]

Nice to see you back. We miss you!

"Meanwhile, I discovered that the service charge remained in my name, because the Notice of Transfer had been rejected by the freeholder in Autumn 2017 due to arrears on the service charge account."

A notice of transfer cannot be...

[Lawcruncher]

Risky - see here: The Risks in Making 'Payments under Protest' (irwinmitchell.com)

Apart from that, the practicalities are that if you part with money you lose control over it and if you want it back you are the one who has to take action.

The registration fee is fixed by the...

[Lawcruncher]

No. Bad idea....

[Lawcruncher]

Legal writers had tricks for correcting errors, at least small ones. Missing out a whole sentence was a different matter. The position was not much different in the case of typewriters. In both cases a premium was put on accuracy. Legal writers and secretaries were careful because they had to be. In...

[Lawcruncher]

I see it says "Established in 1856". That at least confirms there is continuity of some sort, and not a case of one company being founded in 1856 and going out of business and an entirely new company with the same name being formed years later. However, the legal point that the company formed...

[Lawcruncher]

it sounds like it is included in the flat below as the roof of that property. It is entirely possible, if not probable, that the column of air above the terrace also goes with the demise of the flat below. If you have the right to use the terrace none of that is a problem so long as you do not want...

[Lawcruncher]

The solicitor was right and you were wrong. He no doubt gave in to avoid trouble - and incidentally because he should not have been completing the purchase of a leasehold property without a licence to assign where one is required - see further below.

So, what is the law?

We...

[Lawcruncher]

It is like the chocolate on the pillow! If you stay in a five star hotel they my leave a chocolate on your pillow in the evening. The sort of establishment which does that may also provide you with a free drink on arrival and bottled water in your room, a bowl of fruit, a sewing kit, slippers and any...

[Lawcruncher]

Something odd is going on!

I just checked the above at Companies House and it is as you say. However, when I looked yesterday I kept getting referred to BL EUROPEAN FUND MANAGEMENT LLP which has the same address. Puzzled, I tried Wikipedia (British Land - Wikipedia) which says the company...

[Lawcruncher]

Not recommended....

[Lawcruncher]

You say that the lease mentions the terrace but does not expressly include it: What does it actually say about the terrace?

Is the window which looks onto the terrace a "normal" window so that you have to climb through it, or is it a full length window which opens like a door...

[Lawcruncher]

If you have read some of my posts on covenants you will probably have seen that I have stated that it is a complex area which takes up at least a chapter of a book. Indeed, there are some fairly substantial volumes which deal exclusively with land covenants.

Without going into all the permutations...

[Lawcruncher]

That does not cover it. If they want to charge for it ask where it says they can in the lease.

[Lawcruncher]

Nothing in the clauses you quote says he can. There may though be some other provision in the lease which allows a charge. Have a look at what can be included in the service charge and to see if there is a general clause relating to fees....