Colours in text

[Lawcruncher]

Hm. I think that that is stretching it a bit. I think it is implicit that sub.section (6) is for estate management and can only be exercised at reasonable intervals. You may get away with one inspection, but not repeat inspections by buyers or their valuers....

[Lawcruncher]

There could be a problem having two separate guarantees. It may come down to the wording. If worded as an indemnity then, in the event of default, both guarantors can argue that the landlord should look to the other first. Either stick to one guarantor or run the point past a lawyer.

[Lawcruncher]

It depends very much on what has been adversely occupied. If it is a building the LR likes to see documentary evidence of occupation such as a rates or utilities bill. In the case of open land the LR surveyor will be looking carefully at the land for signs of long term occupation. If the land is a plot...

[Lawcruncher]

Agreed.



There may be differences of opinion about what is reasonable for any particular property in given circumstances, but no inspection for three years surely has to be too long in any case.



Clearly a failure to inspect regularly does not inevitably...

[Lawcruncher]

This is well outside my area of expertise, but I do not think it is as clear-cut as that. The measure of damages is different according to whether the claim is for breach of contract or negligence. The basic questions here are what duty of care did the agent owe and would the damages have arisen in...

[Lawcruncher]

It is not about how much the loss of amenity is worth to k9forces, but how much the release is worth to the developer....

[Lawcruncher]

I am also having a bit of difficulty seeing how the road impacts. However, if the builder is wiliing to pay to get a release of the right of way I think we can safely assume it does.



They cannot (at least not without failing to disclose material facts to the insurer) get indemnity...

[Lawcruncher]

The same against white background:

Lawcruncher, please use a dark, not a light font for to highlight your quotes = red

Lawcruncher, please use a dark, not a light font for to highlight your quotes = blue

Lawcruncher, please use a dark, not a light font for to highlight...

[Lawcruncher]

For future reference, which of the following shows up best?

Lawcruncher, please use a dark, not a light font for to highlight your quotes = red

Lawcruncher, please use a dark, not a light font for to highlight your quotes = blue

Lawcruncher, please use a dark,...

[Lawcruncher]

Interesting to see there has been a case on it.

[Lawcruncher]

The first two subsections read:

(1) A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2) Where a landlord of any...

[Lawcruncher]

Benzo confirms what I suspected was the case. Whilst the code may be perceived to be for the benefit of telecom companies, its objective is to ensure that anyone who wants to be connected can be connected.

[Lawcruncher]

The essence of a tenancy is that the tenant gets the right to exclusive occupation in exchange for rent. The right is not absolute. A landlord has the right to enter to carry out repairs. There is though no right to enter to carry out improvements. There is not always a hard and fast distinction between...

[Lawcruncher]

Unusual arrangements are best avoided.

Unusual arrangements need one off legal drafting best left to experienced draftsmen.

On the whole, one off legal drafting best left to experienced draftsmen is best not placed in the hands of a letting agent.

[Lawcruncher]

It is not unusual for conveyancing plans to be "as we originally intended" rather than "as we actually built". When that happens, unless the discrepancy is huge, the "what you see is what you get" rule applies. That is a rule of thumb which combines the general rule that...

[Lawcruncher]

I was going to have a look at the code but at 57 pages I thought I would leave it for another day.

I think the answer may lie in the words: "The property already has BT but apparently a new line was needed." If there was already a connection and it needed upgrading I suspect that...

[Lawcruncher]

Your solcitor needs to enquire what happened. When you have the history you can decide what to do.

[Lawcruncher]

If you test a gas grill you only need to see it it lights up. You do not need to leave it to warm up.

[Lawcruncher]

There is no special form. However you need to bear in mind what the statutes say.

One says: "the new landlord shall give notice in writing of the assignment, and of his name and address"

The other says: "A landlord [...] shall by notice furnish the tenant with...

[Lawcruncher]

My thinking is along the same lines. The whole thing just does not ring true, though there may be a reasonable explanation....