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Buying a freehold flat on top of 4 garages under neath

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We are going to buy a single flat on top of 4 garages under it. Is it a good idea? Will it be any problems? The flat is freehold but the garages are leasehold to some one else for 99 years and 40 years left

Legality of my AST and lanlord breaking the law regarding deposit scheme

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Afternoon everyone and thank you for your help on my first post.

A bit of a background to my problem.
I have have rented properties in England mainly from private landlords for the past 10 years. Never had any issues and dis not really need to research and look in to the housing law until now. I have recently learned the difference between the two different types of agreements AST and periodic. Until now if i wanted to vacate a property i have gave the landlord the required notice, on many occasions even longer and that was the end of it. At the back of my mind i still believed that i can move out of a property after the required notice until i did some research and fount out that is different depending on the contract you have.

Current situation: I rent a house in England since July 2013. At the beginning of the tenancy myself and my wife have signed a 6 months AST. We have found the property through a local estate agent. A deposit was paid and the deposit was registered with TDS. We received the deposit certificate and the prescribed information. After the 6 months the landlord phoned and ask what are our plans, are we staying or are we moving out. We said we staying and he said OK il be around with another new AST. At this point we signed another AST. No certificate or prescribed information was given to us when signing the new AST or 30 days after as the law requires. After 6 months same scenario, same phone call, new AST but no information regarding the deposit. 6 months gone again same thing, new AST. January this year new AST for 12 months this time and again no certificate or any prescribed information regarding the deposit and the 30 days have passed already.Please note that at this time at the back of my head i still thought that i can move out of the property giving the landlord a month notice and that at no point in time the landlord made us aware that by signing a new tenancy agreement we have to stay for the full period and we cannot give him any notice.

Due to the mileage i do to go to work around 100 miles a day we have decided to look for a property closer to work. It took me 6 months to find a suitable property. At this point i phone my landlord and tel him that i plane to move out and will give him 6 weeks notice. Soon as i said that he told me i cant do that because i have signed an AST and if i do he will take me to court. His statement came as a surprise to me we never had any issues and he always seemed to by quite reasonable. Realy sorry for the long story i just want people to understand we are decent people and i don't do it to mess people about.

Now a few questions:
The AST is a joint agreement, my name and my wife's name are on it but only i signed it.
There is a paragraph in the AST stating: "The tenants agree to pay £xxx being a returnable deposit subject to satisfactory conditions of the premises, furnishings and bills being paid. This should be paid to xxxxxx( this being the estate agents) to be deposited with a tenancy deposit scheme and a receipt obtained". I have phoned the estate agents and ask them if the act as the landlords agents and the answer was no. They have only dealt with the advertising of the property and if i have any issues to contact the landlord. For sure this is misleading or false information. Based on the fact that i only signed the agreement and that the agreement contains information which is not accurate could this invalidate the agreement?
By him not providing us with the prescribed information regarding the deposit, did he broke the law three times? In case of me pursuing a claim against him will the court award up to three times the deposit times 3?
I don't want to take him to court, i don't want to make a quick buck i just want to move and use all this as leverage in case we don't come to a solution.
I have a meeting with him next week and i will ask if i can surrender my tenancy, depending on his response should i tell him that if he dosen`t allow this that i will take him to court? I don't think he is aware about the legislation regarding the deposits. To end this i always paid the rent, my bills and looked after his property and had other things on my mind like schools for the kids, work for my wife never mind the fact that i wont be able to move. Thank you all for your help. Alex

Advice needed

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Hi Guys,

Just need some quick advice, I'm renting my property out and the tenants move in next week. Could you give me tips on things I need to do? Sutton kersh had found the tenant on a let only basis, I have asked but still waiting for a reply but do I get copies of the tenancy's etc?
I've sorted boiler insurance/house insurance, any other tips on things I need to do?

Thanks

Howard

A bit confused.

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I took out a mortgage, and have lived in the house my wife and I are currently in for 6 years now. I know it's leasehold, but at no point has anyone contacted us about, well, anything at all. I don't even know who the freeholder is.

Eventually I would like to contact them and look into taking over the freehold, there is also a lot of renovations that need doing, for instance, there is NO kitchen, just a cooker in the cellar head and an old stone sink. Not ideal for a family with two kids really.

I don't mind paying the cost for renovating the house, we've been saving for some time for it, however, I don't want to renovate someone else's house with my money.

How would I go about finding out who the freeholder is?

I have a mortgage of £62.500, the house is currently worth £54,000 max with today's market. would this be what I had to pay to buy the house from the freeholder, almost doubling my mortgage?

And finally, can I stop paying building insurance since it appears from what I've read, the freeholder should be covering this, although they have never taken any money from me?

Hope these questions aren't too dumb, I've scanned through the threads and just can't find anything specifically that helps me.

Surrender of Tenancy/Replacement Tenant?

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(Don't know where to put this sorry!)

So basically I rented a room in a flat in October and, because the agency running it are thoroughly incompetent, I asked the landlord if I could surrender my tenancy by the end of February (Asked mid January, gave 5 weeks notice). Now, it was a 12 month AST with no break clause (annoyingly I rushed into what I should have seen is a substandard flat). The agency has a long list of incompetencies... A lock broke and I rang their 'maintenance hotline', to receive 'sorry, everyone's asleep, why don't you sleep on the floor'.... The maitenance team took some of my possessions to 'test' them, after failing to correct and electrical fault (which, they later fixed, after doing exactly as I suggested).. my items were never returned (nothing expensive but.. still theft). The list could go on... but anyway.

The contract outlines that, if the landlord accepts the surrender, I pay 2 weeks rent to the agency so that they re-let the flat (it literally says that this is to cover the agency's re-letting costs). Fair enough. I'm happy to pay that to leave, i'm asking to break the contract early, that's fine.

The response from the agent however was that the landlord will allow you to surrender, 'on the understanding' that I find a replacement tenant at my own expense, at which point a 'replacement tenant agreement' is signed... This is not in the contract at all, and I was given a list of 'terms'... including 'the new tenant cannot stay longer than the end date of your current tenancy'. These terms aren't in the contract. I understand it's easier to swap with a new tenant lined up, but if this is all 'subject to contract' can you actually accept "with conditions?". They also told me the new tenant pays the deposit to me, and they just sign over the deposit... slightly dodgy sounding...

This also seems a bit vague. There is a provision to countersign the tenancy, but I haven't asked for that. Are they just trying to 'countersign' when really I want to surrender.. perhaps they, the agency, haven't told the landlord (I wouldn't be surprised as they truly are awful) and are trying to cover themselves?

Now, another tenant had the same situation, and was asked the same thing, to find another tenant. They spoke to a solicitor, who sent an email to the landlord, and... 4 days later she moves out straight away and the agent is now finding a new tenant for the room.

Also, i've signed a contract for just my room, but we're technically liable for bills on top (again, I rushed into a stupid tenancy), including council tax... what is this place? 5 people live here but we're not joint tenants, and the council tax bill is only in one of their names (2 students live there too). Is it a 'flat' or this is simply an HMO and some creative council tax avoidance (my understanding being that the landlord pays CT or incorporates it when charging rent, according to the Council website).

So... I don't know where I stand. I've always paid my rent, never broken the contract and have constantly said i'm happy to pay their fees (£500 I may say!!), but my inkling is that this stinks a bit... help?

company cheque for ground rent?

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Hi all,

Just a quick question. My leaseholder, owing two years' GR has, (on receipt of the correct request/s, by the way), sent a cheque for 1 years GR. It is a company cheque, a company created within the last year. There's nobody's name on the cheque, just the companies name and "director" and his signature.

Is it usual to pay such with a company, not personal cheque? Just seems a bit strange. Is it something to do with the tax angle?

Thanks all.

W

when can my tenancy end?

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I signed the contract and moved into my rental property on the 29th august 2014 on a 6 month contract. I asked landlord if i could pay the extra days and then pay on the first of every month from then on, landlord refussed any extra money and said was fine to start payments from the 1st of every month.

I want to leave this property now, i have been given mixed veviews of when i can actually leave.

First one is i hand the notice in before the first of the month with the view to be out of the property by the end of that month.

The second is i have to hand my notice in before the 29th (annerversery date) of a month then i can leave 29th of the next month.

I am confussed and could do with any and all advice

Thank you

Christine

Legal/safety question

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Hi All

I have a block of 8 flats I let out to an agent on a 5 year FRI lease (commercial). If he did not do a gas check and someone died would I as the owner be responsible for this? Obviously I am letting on a commercial basis and he is sub letting the flats as normal flats. I believe him to be a decent agent and do not see a problem bu thought I better clear this point up.

Thanks for any help

Administration charge for 'late' ground rent

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I recently received a letter from my landlord saying my account is overdue (they say they've contacted me previously demanding the ground rent but I didn't receive this). So I sent off a cheque to pay (unfortunately I didn't send this as a signed/ guaranteed postage) and then a few days later I got another letter saying that they haven't received any payment and now I also have to pay an admin charge. Am I liable for the admin charge?

Tenants abusing neighbour property!

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Hi,
I need your help please. The 3 houses on my left are rented out and in my title, I need to give them the right to drive through my property to access their allocated parking spots. However, over the years, every tenant that occupy those houses seem to be not aware of this. They end up putting their wheel bins on my property and most annoying is parking on my property and making access to my garage very difficult. I informed the letting agent before and even shared with them my deed but this was short lived. I don't want to blame the tenants as I don't think they are aware of these facts. Plus I don't want this to be personal.
I am not sure which course of action I should take. I don't want to knock on 3 doors and beg as this is my right...I was thinking of asking a solicitor to write a firm letter to the landlords and their managing agents...
Any wise advice you would recommend please?

Many thanks.

What do we have to provide?

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Due to my receiving an inheritance, we are almost certainly going to be in the very fortunate position of buying our new home without selling the old one.

So, one option is to rent it out.

It can be unfurnished or partly furnished, as we are downsizing so will have some furniture left over.

We will be taking our white goods (washer, dishwasher, tumble drier, fridge freezer) with us. However, the fitted hob, oven and integral fridge in the kitchen will stay. The appliances we are taking are in a utility room so don't affect the look of the kitchen at all.

Do we need to provide a washing machine? Or anything else? Does it make a difference if it is unfurnished or partly furnished as to what we need to provide?

We do have some experience of renting, but it was to our son and some of his friends and because we were intending to return to it (which we have now done), we just left everything in it.

There is no mortgage on the property.

All advice gratefully received.

Can landlord withdraw from lease extension process?

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I recently agreed a premium for a lease extension with the landlord with terms outside the Act. Out of the blue, the landlord has decided to withdraw declaring that he's under no obligation to complete because 4 months have now passed since the premium was agreed. Can I sue him for breach of contract?

Tenants returning to UK from abroad

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I am currently advertising a property to let and have had queries from people returning to the UK who have been living abroad. Does anyone have any experience of letting a property 'sight unseen' by potential tenants? How do you deal with ID/referencing/credit checks, etc? I should just mention that these people want to get something sorted out before they return; they are not planning to come over for a day or two in advance with a few viewings lined up. It seems to me to be largely based on trust, with some risk to both parties.

Many thanks.

Break Clause Dispute - When can I leave our flat?

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Hi All

I currently rent a 1 bedroom flat in London and we're in dispute with the landlord over when we can leave? I understand it to be 6 months but the landlord thinks it's 8 months. Who is right?

The contract itself is a 12 month assured short hold tenancy and contains the following clause:

29.2 Notwithstanding provisions relating to the term of the tenancy the Landlord agrees that the Tenant shall have the right to terminate the Tenancy after the first six months of the Tenancy has elapsed by giving to the Landlord not less than two months notice in writing to end the Agreement. The notice is to be sent by first class post or delivered by hand to the address shown in clause 28.1 in this Agreement. The notice must expire at the end of a relevant period of the Tenancy which is the day before the rent normally falls due.

We started renting on 19th October and I served them notice that I wanted to leave on the 16th February. Therefore I understand I should be able to leave on the 18th April?

Thanks in advance for any advice.
Tom

Repairs

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Am I correct in saying a landlord is obligated to repair/maintain the structure and exterior of the property?

Who is responsible for repairs to internal doors (furniture - handles etc)?

Fee for late payment of service charge - what should an RTM charge?

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Since becoming RTM we've decided to be a little lenient with leaseholders in financial hardship and charge a small fee for any late payment of service charge (£35) and with haven't included interests.
In hindsight, this doesn't incentivise leaseholders to pay on time and wonder if the fee should be more. Our previous MA used to charge £65.
For a leaseholder who takes 3 to 4 months to pay any amount of service charge, this means we are short of cash and the leaseholder is getting a free loan.

In terms of work involved, we (I mean, I) have to constantly chase the outstanding amounts, threaten court action (which we would prefer to avoid) and often the leaseholder won't even contact us to explain their situation.

Obviously we want this to be a fair and reasonable fee.

Just wondering what other RTM/RTC charge and should we increase our fee?

RAM - I already know what you are going to say, it would be good to know how much you charge for your block.

Should I take it as a 'no'?

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I went to view a property today, good size, location ok, price in line with expectation of the area. The carpet was really old (and blue) and really needed replaced for the price they were asking but I haven't said anything.

Days before going for the viewing I emailed the landlord explaining my circumstances (employed but receiving LHA, single parent etc) and asking about minimum fixed term contract, next rent increase, deposit etc etc etc.

Got there 10 minutes late as I was struggling to find the location however I called in advance explaining I was on my way and asked for directions.

So, I viewed the flat, expressed my interest, offered all my paperwork (employment contract, payslip, benefits award letters, bank statement) and current LL's reference but the LL refused to have a look and said that there were more people coming for viewings throughout the day and if they needed to see my paperwork later on, I could send by email (?) and I should get in touch later on to check if they have chosen me.

So I guess it is a way of saying that they wouldn't accept me'?

Usually the agents refuse me straight flat and the only private LL I found before this one told me she would call me if I was chosen (she didn't).

Non-resident landlord insurance please

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I have been trying to arrange a quote for non-resident residential landlord insurance for a UK property. Until now I had no problems with getting quotes and policies.

I have contacted quite a few companies and they don't seem interested. I have tried to fill in the online quote forms from some of the brokers that specifically emphasise that they specialise in non-resident insurance but in the "your correspondence address" they only allow for UK postcodes!

Another "non-resident specialist" agency that I spoke to after filling in their forms told me that they don't offer it but after I explained that their site and their forms accept a non-UK address the agent said "... Oh yes we do but you must have an authorised UK based person (friend/family) on the policy" - he told me that they would not have mentioned this until the policy was paid for and came into force!

So, what I thought was going to be a trivial matter has left me searching around for a broker that can offer me a policy without needing a UK intermediary.

Any suggestions would be greatly appreciated.

Police forced entry to property, can I see the warrant?

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I am a landlord in Scotland and one of my rental properties has been forced into by the police looking for the tenant. They had a legal search warrant. They can't tell me anything due to data protection laws. Am I legally allowed to see the warrant? If not then I'm at the mercy of the tenant to find out the story (meaning I probably wont get the truth).

Thanks in advance for any help.

Lease gives Service charge in Pounds Shillings Pence

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Hi
There is a clause in my lease giving an advanced interim payment towards service charges in pounds shillings and pence (£7 10 shillings to be precise). How much should I actually be paying?

Thanks
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