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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. True, although the cost of any repairs needed because of a specific tenant's acts or omissions might fall on that tenant- not on the service charge payable by all.
  2. Jeffrey Shaw

    Coppen Estates. . . .Sheffield

    It should be based on 78yrs. MV applies (and T pays 50% of it) unless the unexpired term > 80yrs. Here's s.9(1D) and s.9(1E), with my underlinings: (1D) Where, in determining the price payable for a house and premises in accordance with this section, there falls to be taken into account any marriage value arising by virtue of the coalescence of the freehold and leasehold interests, the share of the marriage value to which the tenant is to be regarded as being entitled shall be one-half of it. (1E) But where at the relevant time the unexpired term of the tenant’s tenancy exceeds eighty years, the marriage value shall be taken to be nil.
  3. Jeffrey Shaw

    Property/Rental Legal advice

    Useful information here: 1. HMG: https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england 2. SHELTER https://england.shelter.org.uk/housing_advice/private_renting 3.PROPERTY HAWK https://www.propertyhawk.co.uk/landlordforum/index.php?forums/residential-letting-questions.2/
  4. Jeffrey Shaw

    Buying my first house

    But do make sure that you disclose all developer cashbacks/inducements when applying for a mortgage advance.
  5. Jeffrey Shaw

    Coppen Estates. . . .Sheffield

    The effect of the first lease extension, if it's statutory (= in accordance with the 1967 Act), is this: 1. The term held by T is increased by 50yrs. 2. The ground rent currently payable is unchanged until the old lease's expiry date. 3. But it then rises- and again after 25yrs- to a market rent. This can be hundreds or even thousands of pounds each year- hence an extended house lease might be rejected by a prospective mortgagee (lender) as not being good and marketable security. 4. The valuation procedures for enfranchisement (= buying the freehold reversion) are similar for those on an unextended lease BUT: a. of course based on the newly-extended term, treating its expiry as 50yrs further away; and b. taking account of the statutory market rent increases.
  6. "Is it an assured tenancy?" means "Is it within the 1988 Act?" To decide, see s.1 of the Act (for basic requirements) and Schedule 1 (for situations which, by their nature, aren't within the Act). If it is, then decide what type of assured tenancy it is: AST (see s.19A) or not- in the latter case, the s.21 procedure is unavailable, you see, although the s.8 procedure applies to both species. Yes, s.5 relates only to L ending it. The onus would be on L to prove that T ended it.
  7. Jeffrey Shaw

    First time buyer

    Either way: an HTB purchaser (and equaly anyone benefitting from a 5% cashback/allowance from the developer/vendor) must disclose all financial details in the mortgage application.
  8. Jeffrey Shaw

    Section 8 and Section 21 Notices

    There are no such sections of the Housing Act 1988. Please don't post nonsense. Upon which of the Schedule 2 grounds (Housing Act 1988) would your s.8 Notice rely?
  9. I take it that the Council own the freehold reversion and are your landlords? Is the property insurance through the Council or independent; and has anyone consulted the insurer for advice?
  10. This is why (extracted from the 1988 Act but with my underlining added : Security of tenure. 5(1). An assured tenancy cannot be brought to an end by the landlord except by: (a) obtaining: (i) an order of the court for possession of the dwelling-house under section 7 or 21, and (ii) the execution of the order, (b) obtaining an order of the court under section 6A (demotion order), or (c) in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power, and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy. (1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.
  11. Jeffrey Shaw

    paypal and money laundering

    See The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 - at http://www.legislation.gov.uk/uksi/2017/692/contents/made These are now very strict, even more than their predecessor Money Laundering Regulations 2007. Don't try to circumvent them even if you particularly like prison food.
  12. A Consulate is a sort of scaled-down Embassy. What's the problem? HMG is unlikely to los money on prime USA Real Estate, anyway.
  13. Jeffrey Shaw

    courier service

    I use DX Network Services. Relatively reliable and professional. See https://www.dxdelivery.com/contact/
  14. 1. The tenant (T) is not a squatter if the tenancy is still in existence. 2. Merely serving Notice on T (e.g. under s.8 or s.21 of the Housing Act 1988) does not end it. 3. Did the vendor (V) sell to the purchaser (P) with vacant possession (see the precise terms of the sale contract)? - If YES: V is in breach. P can make V pay P's costs of removing T, or P can sue V for breach. - If NO, i.e. P purchased subject to T's tenancy, it's up to P to remove T.
  15. Jeffrey Shaw

    New coal mine approved

    But it's just a news item about planning permission. The coalmine might never be constructed.
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