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Landlord and Tenant Act 1987

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ZTS2023
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g. X may take a roofer 3-4 days, Y will probably be 2-3 more years before it becomes a more serious concern etcFinally, Shaun said he would be happy to take a look over specific documents we had requested on the back of the survey, and when we sent these on he swiftly replied with a very useful and entirely comprehensive review. Where the building has been wholly or partially constructed, it should still be possible to dispose of the building where less than 50% of the flats have been sold, although it is unclear whether the calculation should be done on the basis of the building so far constructed or on the basis of the intended finished product. We particularly appreciated them coming back to us with more advice following our questions on the report, and their support throughout the whole process. Below we set out the qualifying requirements and the issues particularly relevant to mixed use properties.

The Landlord and Tenant Act 1985, which sets the minimum standards for repairs, fitness for human habitation, service charges, and information disclosure.Justin was great and visited the property very quickly and had a great turnaround time to providing us with a detailed survey and photos of any issues found at the property. I have used the services of Peter Barry Surveyors to help me with a party wall matter, whereby my neighbour planning to do works to his property tried to bypass the correct and required procedure in these matters. If this is the case, then the right of first refusal would be triggered by any disposal of that part of the building by the freeholder. We found Peter Barry Surveyors online and decided to trust the praising reviews on their new home survey service. Where possible, it is obviously best to avoid the uncertainty by considering the LTA 1987 at the very beginning and structuring the purchase accordingly with future disposal in mind, for example by putting a headlease in place or by holding the property in an SPV.

He was very patient when I was unclear about something, his communications were always very speedy and easy to understand, and the agreements were rapped up very promptly. Ishrat and John kept their communication at all times and were very prompt booking the survey and answering any questions we add. Following the two month notice period, if the landlord does not receive any response (or not enough of a response), then the sale can proceed with the third party within a period of 12 months beginning at the end of that notice period.I was very impressed with the service I received and how quickly they were able to deal with the party wall agreement, the service was excellent, very professional and efficient. Adopting Carney-Morgan as a guide it can be concluded that, where marriage value is a consideration, acquiring the freehold under the 1987 Act ought to in all cases be significantly cheaper than collectively enfranchising under the 1993 Act.

We hired their services for a level 2 RICS survey, and were provided with a very thorough, detailed and professional report which we found really useful. In our 2023 Yule Blog, we summarised the developments in the pipeline for tenants in 2024, including the Leasehold and Freehold Reform Bill. Helpful around the queries I had and even followed up a couple of weeks after the survey to see if I understood everything. The Landlord and Tenant Act 1987, which applies if there is another landlord between you and the freeholder. I had a few questions regarding the survey, so I left a msg for Steve who rang me back straight away and answered my questions.However, what may be surprising is the decision in Dartmouth Court Blackheath Ltd v Berisworth Ltd, a 2008 case, in which the Court held that a disposal of air space would also fall within the provisions of the 1987 Act. Due to the need to understand the headline results earlier than the hard copy report Joanne was brilliant in facilitating an early chat with the surveyor who walked us through the key bits.

This was because the tenants’ time period for serving a purchase notice starts to run from the date on which the tenants are either told or find out that a disposal has been made in breach of the LTA 1987, which can be many years later. There are potentially disastrous consequences for landlords if they do not comply with the LTA 1987. Ensuring there are sufficient flats let to individuals on assured shorthold tenancies, although it can be difficult to ascertain whether tenancies are truly ASTs, i.

Where contracts are exchanged for the disposal before sufficient flats are sold, the subsequent completion will be exempt. Land shortages have led to an increased demand for rooftop development and so it has become common for a landlord to grant a lease of the roof and air space to a developer. It is not necessary to go into details of the alleged offences here; suffice to say the defendant landlord pleaded not guilty. A tenant of a flat whose landlord is a qualifying tenant of that flat is not to be regarded as being a qualifying tenant of that flat.

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