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Macromia
Senior Member
Last Activity: 13-06-2019, 09:24 AM
Joined: 25-10-2018
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  • Macromia
    replied to Brexit
    No, not at all.

    The market price is whatever people think the property and land are worth together.
    If the land is undervalued, the price for the property itself becomes higher.
    If the land is overvalued, the price for the property becomes lower.

    It's possible that,...
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  • Macromia
    replied to Brexit
    No, that's not the logical next step - it's a claim that's been plucked out of thin air.



    I disagree, it doesn't relate to Brexit at all.

    There will be another general election in 3 years or less regardless of Brexit, and party policies (including policies that...
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  • Macromia
    replied to Brexit
    The combined price for the land & property will be set by the seller - the same way it is now (and similarly subject to any bargaining that might take place).
    The amount that the land is considered to be worth will be set by the Trust, as will the amount that will be payable each month for...
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  • Macromia
    replied to Brexit
    This policy proposal has nothing to do with Brexit, but may be of interest to forum members so probably should have been raised in a separate thread.




    The proposals have similarities to freehold, but the 'Common Ground Trust' would have no responsibility for the upkeep...
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  • The entry clause quoted doesn't say that the landlord can reenter the property immediately upon the stated conditions being met, it only says that the landlord will be able to reenter.
    All applicable legal conditions will have to be met, in addition to the conditions that the lease says will allow...
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  • Macromia
    replied to bicycles in communal areas
    A tenancy agreement won't necessarily state what you can't use a communal area for. If you have any rights to use communal areas for anything other than access to your property, this should be stated - if it's not stated, you don't have the right to do it.

    Why do you think that the bikes...
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  • Possibly, but I wouldn't bet on it.

    The freeholder's surveyors and solicitors fees are likely to be higher than your own fees, not because there would have been significantly more work involved but because the freeholder isn't obliged to shop around for the best prices and the surveyors/solicitors...
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  • If you are the applicant to the FTT (with or without other leaseholders) you will be expected to show that each of the charges that you dispute were unreasonable. If you fail to show that there is reasonable doubt that the work was done to a reasonable the freeholder won't have to prove anything, but...
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  • I'm not convinced that the terms quoted would be considered unfair.

    The best course of action would be to have a conveyancing solicitor look at the lease and explain what all of the clauses mean....
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  • I don't see anything in the lease terms that you have quoted that seem unusual or that should be a problem.

    You are highly unlikely to find a flat, especially a new build (if that's what you want) that doesn't have similar terms in the lease.


    it would be highly unusual...
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  • Yeah, you're correct - any costs at a tribunal if the premium hasn't been agreed are supposed to be met by the party incurring them (the freeholder pays the costs of their solicitor, the leaseholder pays the costs of theirs)....
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  • Macromia
    replied to Brexit
    You only have to read the article that you linked to find out what the reason was.
    It was because the way that the UK assessed benefit claims was considered to be discriminatory against those who weren't UK citizens. The verdict was that it was discriminatory, but that this was justifiable....
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  • Macromia
    replied to Brexit
    Right to reside/right to work are basically the same thing - when EU citizens have one, they also have the other.

    Your last post changes nothing. It remains the case that the UK government had the right to require EU citizens who came here seeking work to report their presence, and it remains...
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  • You can apply to a tribunal and ask them to agree your offer as the price, but the freeholder will also have the opportunity to argue that a different premium is appropriate. The fact that you have not received a counter offer may work in your favour, unless the freeholder has evidence that a counter...
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  • Macromia
    replied to Outstanding Repairs
    So, you are referring to the following court decision?:
    https://www.bailii.org/ew/cases/Misc/2018/B9.html

    HHJ Luba does rule that if the gas safety certificate is not served prior to a tenancy commencing, the omission cannot be corrected later.

    What is unclear is how...
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  • Macromia
    replied to Brexit
    Notice that there preconditions attached to pretty much everything that you list, islandgirl, as shown by the frequent use of "if...", "may...", etc., followed by reference to, or at least inference of, the conditions that apply.

    The EU's objection to UK government proposals...
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  • I agree.
    This would be the best way for a freeholder to (hopefully) avoid unnecessary work and to defend their choice of action if service charges were later challenged.
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  • Macromia
    replied to Variation of Lease
    The opening post states:
    "One of the apartments has recently changed hands.
    The new owner wishes to make alterations.
    Some are non-structural, some are structural."


    So we already know that it is the new owner who wants to make the alterations.

    This...
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  • Macromia
    replied to Variation of Lease
    If any of the leaseholders do not voluntarily agree to a lease variation you would need to get the proposed variation agreed by a court or tribunal (and the grounds you mention do not sound like something that would allow a tribunal/court to vary a lease).

    On the limited information we...
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  • Leaseholders have no right to demand anything, other than that the freeholder complies with their obligations under the lease.

    If the freeholder has an obligation to maintain the exterior/structure of the building then that is what they have to do. How they meet this obligation is entirely...
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