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Jeffrey Shaw

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About Jeffrey Shaw

  • Rank
    Mr
  • Birthday 03/09/1954

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  • Location
    Sheffield
  • Occupation
    Solicitor

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  1. Isn't there a small 'private aircraft' landing strip somewhere near there?
  2. Yes. See section 19 of the Limitation Act 1980.
  3. Do not panic. The landlord (freehold reversioner) cannot treat you as being in arrears unless its Agent serves on you a formal demand under s.166 of the Commonhold and Leasehold Reform Act 2002 http://www.legislation.gov.uk/ukpga/2002/15/contents. See below, with my added underlining: (1) A tenant under a long lease of a dwelling is not liable to make a payment of rent under the lease unless the landlord has given him a notice relating to the payment; and the date on which he is liable to make the payment is that specified in the notice. (2) The notice must specify— (a)the amount of the payment, (b)the date on which the tenant is liable to make it, and (c)if different from that date, the date on which he would have been liable to make it in accordance with the lease, and shall contain any such further information as may be prescribed. (3)The date on which the tenant is liable to make the payment must not be— (a)either less than 30 days or more than 60 days after the day on which the notice is given, or (b)before that on which he would have been liable to make it in accordance with the lease. (4)If the date on which the tenant is liable to make the payment is after that on which he would have been liable to make it in accordance with the lease, any provisions of the lease relating to non-payment or late payment of rent have effect accordingly. (5)The notice— (a)must be in the prescribed form, and (b)may be sent by post. (6)If the notice is sent by post, it must be addressed to a tenant at the dwelling unless he has notified the landlord in writing of a different address in England and Wales at which he wishes to be given notices under this section (in which case it must be addressed to him there). (7)In this section “rent” does not include— (a)a service charge (within the meaning of section 18(1) of the 1985 Act), or (b)an administration charge (within the meaning of Part 1 of Schedule 11 to this Act). (8)In this section “long lease of a dwelling” does not include— (a)a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies, (b)a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5) in relation to which that Act applies, or (c)a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8). (9)In this section— “dwelling” has the same meaning as in the 1985 Act, “landlord” and “tenant” have the same meanings as in Chapter 1 of this Part, “long lease” has the meaning given by sections 76 and 77 of this Act, and “prescribed” means prescribed by regulations made by the appropriate national authority.
  4. The best place to research your rights as a tenant (long-leaseholder) is: a. your own solicitor; or b. the Leasehold Advisory Service at https://www.lease-advice.org/
  5. And SDBF is a charity! On the other hand, the law on charities demands that they obtain a Chartered Surveyor's advice (or same from a professional) as to the sale terms. Even so: a. the sale price should be roughly as per post #10; b. the solicitors that it uses are a bit expensive at £600; and c. the £591.60 cannot cover anything more than one-only valuation fee: see s.9(4) of the Leasehold Reform Act 1967.
  6. I doubt that a detailed discussion of OP's financial position is suitable for this Forum. Posts so far summarise the way forwards but always be guided by your own solicitor who should be au fait with leasehold conveyancing technicalities and who has verified ownership of all estates/interests on your house. Also: POST #4: I agree. Do not pay any up-front fee, however described, to the Landlord (freehold reversioner) or to anyone on its behalf . The only such payment before completion might be a statutory deposit, if demanded following service of a Notice of Claim, set- by law- at the greater of: a. £25; and b. three times the ground rent. POST #10- the Act is the Leasehold Reform Act 1967, not the Landlord and Tenant Act.
  7. Why did the current vendors buy a technically defective title? Their solicitors ought to have noticed this. As per the preceding post, don't touch it unless your own solicitors can rectify matters before you commit yourself.
  8. That's presumably up to your solicitors and also depends on what your purchaser's solicitors require. The aim is to prove that you have paid all ground rent that has fallen due, so that Notice of Transfer can be served following completion.
  9. Coppen tends to be unresponsive to letters and telephone calls. BUT I do happen to have its bank details. No, I'm not going to publish them; please ask your solicitors to contact me direct, during office hours.
  10. Yes. The costs are increased by: a. the conveyancing involving the same amount of work for the freehold reversion on a long unexpired term at a low rent as on a short unexpired term at a high rent; b. Coppen's tendency to seek a higher-than-appropriate sale price; c. its legal fees being unproven by copy Bill; d. its valuation fee mysteriously being charged despite the absence of a valuer acting for it; and e. the last-minute addition of 'extras' such as a previously-undisclosed Insurance Consent fee, penalty for not paying all ground rent, etc.
  11. Several clients of mine have leaseholds on which G&O owns the freehold reversion as landlord. The best advice is that you can avoid problems by purchasing: a. the house's f/r (if you have owned its leasehold for at least two years); or b. the block's f/r (if what you own is a leasehold flat- no 'two year' rule in this case) and you team-up with at least half of the block's leaseholders.
  12. 1. A reasonable purchase price might be 25-30 times the ground rent (= £300-360). However, Coppen won't accept that low a figure. 2. You'd also have to pay Coppen's conveyancing fees. 3. The two elements together might come to about £650, were Coppen to see sense. 4. As to the purchase fees: a. diagnostic work up to & inc. serving Notice of Claim- c. £300-350; b. negotiations- depends on time taken; and c. substantive work, once terms are agreed, up to completion and registration: c. £300-350.
  13. If you OWN a leasehold, you've already bought the lease! What you mean is "If you've lived in a leasehold property for a long time [=at least two years], you are entitled to buy the freehold reversion and any other intervening reversion (if it's a house) or to extend the lease by 90 yrs. (if it's a flat)."
  14. You're mostly correct, BUT: a. the vendor can demand an indemnity covenant if the freehold is already subject to covenants; and b. the vendor might seek to add new freehold covenants. These should be resisted unless the vendor owns any undeveloped land adjacent and wants the covenants in order o protect its value. See s.10(3)-(5) of the Leasehold Reform Act 1967: http://www.legislation.gov.uk/ukpga/1967/88/section/10
  15. HOUSES: there's no real reason why a new house should not be sold freehold, as long as the developer owns the freehold. FLATS: leaseholds are essential to ensure that positive covenants (e.g paying service charge etc.) stay fully enforceable. JosephD: the petition is not dealing with short-term lettings (= no purchase price/premium; market rent payable). It's aimed at 'ownership' status (= market value purchase price/premium; minimal rent payable).
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