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kerry chan

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  1. Hi @skv1878 Before you consider your next steps, you should first check your terms and conditions with your current estate agent. It is a common term among estate agents (assuming the agent found the tenant for you initially) to say that you still have to pay the relevant fees to your agent, as long as the existing tenant remains in the property. I would be surprised if your agent does not have that. If fees are still payable, you could potentially be in a situation where you have to pay fees to the agent, but you cannot rely on them for their services (i.e. you are paying for, but
  2. Hi @charlie hewitt In addition to what has been mentioned above already, have you considered buying the freehold with other leaseholders? This could potentially be a cheaper option overall. Plus, with the issues of ground rent / service charges being increasingly problematic, if you buy the freehold instead of extending your lease, it may well be the case where you hit many birds with one stone. Kerry
  3. Hi @graemec It is possible to own the freehold and the leaseholds. Lenders, however, do not usually like this. Thus, this is more a commercial issue, instead of a legal issue. Having said that, your solicitor should be able to advise you on possible structures that lenders would be happy with. For example, (a) you could put in place a shell company to hold the freehold, and then the two leaseholds are held by your company, or (b) you could hold the freehold, and then give your company the two leaseholds, or (c) a trust arrangement. If your solicitor does not provide you with a soluti
  4. Hi @Shawn B I note that you initially posted about this query in Jun 2021. It is unclear to me, from your recent response, whether you have already had a qualified electrician to rewire the property. If you have not, I would recommend that you take action immediately and get a qualified electrician to rewire your property as soon as possible (and really do make it as soon as possible) and fix all the issues outlined in the EICR, since otherwise it is just playing with fire. A C2 comment in an EICR means the item is potentially dangerous and urgent remedial action is required. Thus
  5. Hello @tom_r The first question that you need to deal with (before even considering the documents needed if you self-manage a property) is: whether under the existing contract with your agent, you still have to pay the relevant fees to your agent, as long as the existing tenant remains in the property. This is a common position amongst estate agents (assuming the agent has found the tenant(s)). I would be surprised if your agent does not have that. Even if you could answer the above question with a no, you should also check whether there is any cancellation fee payable for term
  6. Hi, @LaurenCR Sorry to hear about your situation. This should not have been the case if the agent has been managing the whole tenancy correctly (for example, presumably, notices have not been given). You should first take a look at your tenancy agreement to determine what the contractual position is. Under certain circumstances, the statutory positions may not apply if they have been contracted out. It is also noteworthy that a well-drafted tenancy agreement would have protected your position and helped you in relation to any rent increase (without the need to further enter into a
  7. Hello @francosash The first question here is what you meant by 'agreed snagging items' (i.e. where the agreement to fix any snag arises from). For example, whether the contract exchanged has expressly set out that the developer will arrange for any snag to be fixed, or assuming the contract does not have an entire agreement clause, whether the developer expressly promised that it will arrange for any snag to be fixed. Assuming that there is an agreement to fix any snag with the developer, your next step would be to issue a claim against the developer to ensure that they fulfill thei
  8. Hello @pete_b Whilst legally, you are entitled to receive your rent, under these circumstances, communication is key. If I were you, I would try to understand the circumstances further: for example, what sort of work the tenant is in, whether the tenant's work has genuinely been affected by the pandemic, and whether such effect is temporary or more permanent. It is important to get the full picture before making any decision - I always factor in the reality that this is someone's home / life that landlords are impacting and thus, it is important to try to get all the information bef
  9. Hello @richkyle. Sorry to hear about your situation. For TA6, if there is a wrong answer, you may have a claim for misrepresentation against the seller, but some auctions may exclude certain actions or remedies available (thus, any agreement for the entire process, from entering into auction to purchase to completion, must be checked). However, given that this concerns flood risk, there could be another layer of issue. Presumably, even if it is an auction purchase, your solicitors would have run flood risk reports for you (this is now a standard search), particuarly since such
  10. If your transaction is still on-going (or if you have gone ahead with renting to the NHS trust), you should immediately seek legal advice. Renting to an NHS trust may be considered as a commercial tenancy, instead of an AST / a residential tenancy. This is a very complicated and technical area of law. If the tenancy is a commercial tenancy, there are a lot of differences compared to an ordinary residential tenancy. In addition, there may be implications in connection with your mortgage terms (where remedy might be needed). Thus, you should seek formal legal advice to ascertain you
  11. @mhuk01 If you want to get your property back at the end of the tenancy, you will have to serve statutory notice (currently four months). If you want to keep the current tenants, but increase your rent: firstly, you should check whether there is any rent increase mechanism and if the mechanism is available and acceptable, utilise it. A well-drafted tenancy agreement should have this, since as with most cases, statutory mechanisms could be a pain at times; and secondly, if there is no contractual rent increase mechanism, if I were you, I would sign a new fixed-term AST
  12. @sam_f3 and @x3hph I am a lawyer by trade. The situation is not as simple. To name a few, there are issues relating to (a) who signed the contract; (b) whether the persons who signed the contract are authorised to do so; and (c) the validity of the purported amendment of the term of the tenancy from 6 months to 12 months. In the worst case scenario, there is no valid contract, so you effectively have a periodic tenancy, and only have the bare-bones legal terms implied into your circumstances. Even if the tenancy agreement and the memorandum of agreement are valid, it may not b
  13. There are quite a few legal issues to consider here - unfortunately, it is not as simple as one would hope...
  14. Hello, Simon. Sorry to hear about your situation. Maybe you could try this: https://www.thesheriffsoffice.com/services/pre-legal-and-tracing/debtor-tracing. They seem to charge about £45 for a trace. I have not personally used their services before - thankfully, all my tenants have been great in this regard (touch wood). Hope this helps. Kerry
  15. If you have not completed yet, you should note that there are quite a few legal issues involved in terms of your ability to increase rent.
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