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[Lawcruncher]

I am not sure it is.

Section 12 starts: "This section applies to goods in the possession or under the control of a bailee".

There are four key words:

"goods": Is the bike goods? Yes, because the Act defines goods as including all chattels personal...

[Lawcruncher]

A covenant for quiet enjoyment is an agreement by the landlord that he will not physically interfere with the tenant's enjoyment of the property whoever is in occupation. Knocking on the door and asking nicely if you can check where a leak is coming from is not a breach of the covenant - nor is it...

[Lawcruncher]

In the context of the wording "vacating" has to mean "leaving with the intention of never returning".

However, whilst I am unable to quote any authority to support the view, I consider the provision void or unenforceable. I think a contract for services has to be such...

[Lawcruncher]

You're welcome.

[Lawcruncher]

Sorry but I cannot answer that as I was never a litigator. I suggest you post your question here: http://swarblaw.co.uk/viewforum.php?...afccafda42bbfd...

[Lawcruncher]

When it comes to ownership of land by more than one person you have to distinguish two different things. One is the legal ownership and the other the equitable or beneficial ownership. In the case of registered land (and ignoring exceptions not relevant to this thread) the legal owners are the persons...

[Lawcruncher]

There are three rules for anyone taking a lease of commercial premises:

RULE 1: Instruct a commercial landlord and tenant conveyancer
RULE 2: Remember rule 1
RULE 3: Do not forget rule 2

[Lawcruncher]

True, but is the bike is "in the possession or under the control of a bailee" as required by section 12 of Torts (Interference with Goods) Act 1977?...

[Lawcruncher]

Not sure if that is appropriate. The person issuing the notice needs to be in possession of or in control of the bike....

[Lawcruncher]

Inclined to agree. The hope is that the possibility of committing an offence will get some action....

[Lawcruncher]

Got it.

RMC = residential management company

RMT = right to manage

I had R = "right" and M = "manage" in both cases....

[Lawcruncher]

Where an existing lease is a tripartite lease the third party can be required to enter into the new lease, but not so as to be liable to perform any obligations after the date the existing lease expires. If the third party declines to take on any obligations after the date the existing lease expires...

[Lawcruncher]

Sorry not following you as for the moment I cannot see what the difference is between an RMC and an RMT....

[Lawcruncher]

Agreed.

The point is though that on receipt of the notice the landlord must supply details of insurance and if he fails to do so commits an offence....

[Lawcruncher]

The transfer is way off.

Each section should be completed as follows:

1. The title number of the freehold property

2. The description of the freehold property

3. -

4. The names of all the current freeholders i.e the registered proprietors...

[Lawcruncher]

? Once the right to manage is granted management functions are trnasferred to the RTM co....

[Lawcruncher]

Where a leasholder pays a service charge which includes insurance he has the right to ask for details of the insurance and failure to provide the details is a criminal offence. Accordingly your friend sends the landlord a notice in the form below and waits to see what happens.

*
...

[Lawcruncher]

Except in a year when there are no payments in or out at all, an RTM has transactions to report. Even if it has no bank account and all payments go through an agent, they are transactions made on behalf of the company and over which the company has or ought to have control. The transactions are the...

[Lawcruncher]

No argument with any of that, but the point is that the company is engaging in transactions through an agent. An RTM may be dormant for tax purposes, but not for filing accounts....

[Lawcruncher]

It all depends on what the transfer says. Please see post 6.