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Kerry Chan

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  1. There is no right or wrong in this situation, and most importantly there is no guarantee. Anyone could work on the assumption that legislation will only kick in in 2028 and such person is perfectly entitled to do so, as long as it is within the person's own risk appetite - nobody is disputing this. However, this risk appetite might not be the same for everyone - there are people who might prefer to meet the policy directions now (or the earliest date that has been disucssed in the policy paper) instead of later, since they are not comfortable with the risks associated with delayed implem
  2. Just to clarify the timing: the earliest that has been discussed in the consultation paper for residential properties to need EPC C or above for letting is 1 Apr 2023 (for new tenancies). For the avoidance of doubt, the above (a) does not constitute legal advice (and no lawyer-client relationship is formed in any way) and (b) is set out for your reference only. You should seek formal legal advice for your matter. Kerry
  3. Hi @Seamus Just throwing one more idea out there. You could potentially utilise the new planning law to add another storey, without needing planning permission? As you would expect, there are specific conditions to meet in order to utilise this (and they are very factual), but it may be something for you to explore to add another bedroom (with en suite potentially) and another bathroom? Hope these helps. For the avoidance of doubt, the above (a) does not constitute legal advice (and no lawyer-client relationship is formed in any way) and (b) is set out for your reference only.
  4. Hi @paq Presumably, this person is operating as a sole trade (not through a company)? If this is the case, this is slightly better, since he can't just liquidate his company and get out of any dispute. You are in the contentious territory, he will argue that he has a debt claim against you, and you will argue that (i) he hasn't completed his work and thus, there should be no payment; and (ii) due to the overall project progress, his fees should be reduced. You are effectively relying on statutory implied terms, namely: (a) the supplier will carry out the service with reasonable car
  5. Hi @bml What you have been told isn't too surprising (however, you should probably replaced your solicitor, since such solicitor isn't very good). The exact line of the legal boundary is usually left unclear, especially for older properties. In these cases, Land Registry title plans are prepared under what is referred to as the 'general boundaries rule'. This means that the exact line of the boundary of a property will be left undetermined, unless an owner makes an application for the exact boundary line to be fixed. This will require externsive examination (such as the property,
  6. Hi @Seamus The current policy direction in terms of EPC is that residential properties cannot be let, unless the EPC is C or above. The only question is when this is coming in. The earliest that has been discussed is 1 Apr 2023 (for new tenancies). In addition to the above letting requirement, there are another two considerations: 1. the government's net zero policy - it is effectively going to ask lenders to ensure that their property security portfolio to have EPC grade C or above by 2028, but the dates / directions are not finalised yet; and 2. the environmental, soc
  7. Hello @adrianf Congratulations for having several deals happening. It is not uncommon to need to give personal guarantee for limited company mortgages, and lenders would generally require you to seek independent legal advice for each guarantee. Whether you can obtain the legal advice for each guarantee without attending a solicitor's office is a matter of lender's policy - it is not a legal requirement per se. Most lenders should now allow you to do this, as a result of the pandemic. Accordingly, you would be able to confirm this before full engagement with a lawyer, particula
  8. Hi @PeterMann Sorry that you and your other owners are going through this - it is indeed a frustrating situation. You only have very limited circumstances where you could withhold paying service charges. For example, if they didn't provide you with the right notices / summary of rights. If that is the case, you and others could withhold paying; otherwise, you could be in breach of your leases (and there would be further complications). There are also some red flags from what you described. For example, the loan of £14,000 and the lack of details, which could be challeneged as
  9. Hi @peterl Planning law is a complicated and technical area of law. You would need an specalist view on this, since, for example, there are different height restrictions depending on how the roof is constructed and where the building is in relation to the boundaries, and there may be different requirements of notices. If your neighbour didn't comply with all regulations, notices, etc., you may be entitled to compensations, and may, at times, be entitled to an injunction to ask the neighbour to remove the structure. Accordingly, you should consult a specialist to see if you have any
  10. Hello @rose_l Your starting point would be reviewing the lease and sub-lease(s). You need to understand the key terms: for example, who is actually owing you money (the agent might only be an intermediary instead of the person owing you money), the payment conditions (such as whether there is any overall occupancy rate or duration requirements), payment schedule, any provision that governs any delay of payment and any automatic waiver. You would probably also need evidence that your unit has been occupied in the relevant time. You will also need to know whether you are renting to t
  11. Hi @chrisjames93 I think you have had quite a few helpful responses already, so I am not going to comment further, since you should be able to get good advice from a good mortgage broker to reach a workable arrangement with a lender - not impossible, just slightly more difficulties on the road. However, I do think a few things should be clarified, for @sam_f3 as well. This is because of three main reasons (among many): 1. each lender (especially the mainstream ones) have millions of mortgages to play with. Reality is that they don't need to bend the rules / take on unn
  12. Hello @chrisctl Sorry to be the doom and gloom person here. If you haven't exchanged yet, I would personally pull out of this transaction (particularly if this property is intended to be an investment property). You have already identified two areas of red flags: (a) ground rent; and (b) incomplete lease. For the ground rent, whilst you are a cash buyer, what you have identified (% of market value and uncapped ground rent, which may go over £250 quite easily (presumably the property is outside of London)) means that you would have trouble re-mortgaging in future, and you would
  13. Hi @lukel I agree with Julia above. Two more things to add are that you should check your tenancy agreement (to make sure you follow the consent procedure set out) and make sure that your written consent is limited to the precise extent of the work allowed. Your agent should be able to help you with these, though I would generally double-check their work. For the avoidance of doubt, the above (a) does not constitute legal advice (and no lawyer-client relationship is formed in any way) and (b) is set out for your reference only. You should seek formal legal advice for your matter.
  14. Hello @te0 Could I please check why you would like to amend the value within the title document? From what you described, it seems like £0 is an accurate reflection of the transaction (i.e. transferring the property from personal ownership to a limited company at nil value). If this is an issue with a surveyor valuation, would it be quicker to explain the background (i.e. the transfer of ownership is still within the same person)? For the avoidance of doubt, the above (a) does not constitute legal advice (and no lawyer-client relationship is formed in any way) and (b) is set ou
  15. Hi @barry hughes Depending on your structure, you may be in the area of consumer financing (which is heavily regulated by the FCA) and you would have substantial obligations (such as capital retention requirements). Better get formal advice in this regard. For the avoidance of doubt, the above (a) does not constitute legal advice (and no lawyer-client relationship is formed in any way) and (b) is set out for your reference only. You should seek formal legal advice for your matter. Kerry
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