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Sunday, March 3, 2019

Property law consultant Essay

This is in reference to your query ab protrude well-grounded advice with respect to your proportion which is currently occupied by three dwells apart from you. This letter explains in detail ab come forth each(prenominal) live rights, harm and conditions which argon leg each(prenominal)y referenced and relevant to your tenants, residing in ground floor, warmheartedness floor and top floor. A view on UK belongings law, rights and obligations of landlord is provided to you for your soul and similarly or so your convenient decision making in the counts of your property and likewise how to deal with your tenants in legal framework.There is as well as a clear analysis about legal relationship that exists between you and your tenants. first-class honours degree of all, it is important to guard a clear none on backup of landlord over the property. The said property of Georgian Town House has been interpreted for a lease period of 25 years and only a period of 9 years have been completed and thither argon still 16 more years for the expiry of lease period. Therefore, this gives out a fact that it is important to prevail the leased premise.It is a in like manner a fact that you travel on a holiday outgo most of your time within and outside UK making it necessary that premises have to be absolutely in tact even in your absence for the convenience of tenants as well to keep the premises out of dilapidation. UK property law clearly states that landlord must undertake repairs to the property whenever needed in the structure of the property. The connections of gas, hot water, electrical appliances, common areas and furnitures have to be strictly administered by the landlord.This emphasizes that as a landlord, carrying out repairs wherever requisite is not only unavoidable by property law of UK whereas it is in addition an act of coming upon the obligations and requirements of tenants. Three of your tenants declared that primaeval stairwell w hich is commonly utilise by all of you is completely dilapidated and the tenants have been complaining demanding repairs, photo and to establish re-connections of lighting. Please understand that you as landlord have to meet and coincide with the UK property laws and any violation to the laws would be seriously viewed inviting penalties.Now, moving on from your rights and obligations as landlord, the next would be a detailed discussion about each tenant and legal relationship that exist between you as landlord and your tenants. Groundfloor hacker nag A written agreement of licence to enliven which came into effect on 1. 5. 2008 and as per the agreement taxi political hack tighten must pay ? 10,000. The taxi cab presently pays a joint of ? 2500 for ein truth three months. The legal relationship between taxi cab and you is that of a tenant and a landlord.Tax cab is responsile for paying the stated sum as rent regularly and tenant is also responsible for(p) for bills of ga s, electricity, telephone as per the written agreement and further taxes must be regularly paid apart from water and sewerage charges. Taxi cab written agreement expires on 30. 4. 2011 as the agreement is for a period of three years. Therefore it is important to abide by the requests of repair or renovation as required by the taxi cab hearty with the fact that lease agreement must be fully complied with meeting the all the requirements. Section 27 pf Tenant fleck 1954 is not existence discussed here for your reference.Taxi cab also requested you to repair the key stairwell and if this request is not approved by you, there is a screen background that taxi cab might waive paying rent, or act upon such another(prenominal) damage to the premises which would prove more costly for repairs to be made. Middle floor which is occupied by a jeweller, who is also your cousin has not entered into any written agreement with you and that does not legally bind neither you nor jewellery to c omply with any UK property laws. unwritten agreement is not a validated option in the matters of disputes and also consider any decision. However as for now, jeweller is paying a rent of ?400 per month and is carrying on line during week days. It is also a fact that oral agreement also carries certain rights and obligations two for line of descent tenants and for the landlord, although these cannot be enforced in the tribunals as written agreements are more valid while filing cases of non-compliance of property laws or tenant laws. The nature of legal relationship between you and jeweller is that of a business tenant and a landlord. but this tenant must maintain a rent book for the monthly rent paid to you and you are required to put your signature in the rent book whenever you receive rent.This tenant apart from being your cousin has every right and tariff towards the aboriginal stairwell to carryout repairs whereas this must be done with a mutual consent from you. set ah ead it is also a fact that this tenant is standing on the bodied opinion of other two tenants that central stairwell must be repaired as it is creating problems for all the clients. Therefore, obliging to the request to repair the central stairwell is more advisable as it would invite more obligations both from business tenants and also from UK property law authorities if in case a complaint against you is launched for non-repair of central stairwell.The top floor is occupied by a commercial operative who also does not carry any written agreement of business tenancy. The tenant also facilitates the floor when there are parties arranged by you which means the tenant is absolutely cordial and compatible with you in the capability of landlord. This tenant is also paying a small amount towards bills. win this tenant is also of the opinion that central stairwell must be repaired. either of the business tenants are using the premises all through the business days which means central stairwell is a common area for carrying on respective activities.Another fact is only tax cab bulletproof is a legal tenant with a legal relationship whereas other two business tenants viz. jeweller, commercial artist are not legal tenants due to the fact that there is no written agreement. The sum of rent paid by jewellery and commercial artist is very small whereas taxi cab firm is paying rent on lease. The opinion of all the three tenants is that since the central stairwell is used regularly, it is important to maintain the same in order to prevent any unforeseen event of accidents or breakage.This was the main reason that tenants have approached you to repair the central stairwell. Taxi cab firm along with other two tenants in each floor are performing well in carrying on businesses and therefore, there is no problem of business loss or lack of funds. yet tenants have been very cooperative in paying rents regularly and also in meeting the other expenses as and when required. Some of the rights that can be exercised by you in the capacity of a landlord are viz. , affix of rent, conditions on usage of premises or any other matter pertaining to either rent or premises.Tenants complaints for repair of central stairwell would be valid only when there is a written notice to this effect under Landlord and Tenant Act 1985 which states that notice that be given either verbally or in writing in order to provide comfortable time for landlord to carryout the required repairs. When landlord does not wish to carry out repairs, in such case, tenants have to show the proof of written notice to the court in order to receive a remedial claim. The landlord cannot ignore or overlook any legal responsibilities with regard to the repairs as stated in Section 11 of the Landlord and Tenant Act 1985.As per the law, landlord is responsible for maintaining the roof, gutter, drains, pipes, walls, windows doors or any structure of the property. Section 11 clearly states that land lord must take the responsibility to maintain the repairs of the structure and also to keep the installations such as baths, sinks, sanitary pipes. Taking this section as a guide, central stairwell is within the premises of the property which is used by tenants regularly for business purpose. Therefore, the responsibility of repair rests with the landlord.Conclusively, keeping all of the above facts in view, there are two options at your end to maintain and repair the central stairwell. firstborn is, to carryout necessary repairs to central stairwell and second is to assign the responsibility to one of the tenants whom you give in to carryout necessary repairs to central stairwell and submit all the necessary bills of repairs to you. Further these expenses can be deducted from the monthly rent paid by all the three tenants. This would solve the problem and further all the tenants would be satisfied. Sincerely, Sd/- (B) home law consultantReferencesHousing in England Tenancy Agre ements Accessed 20 expose 2009 http//www. adviceguide. org. uk/index/family_parent/housing/tenancy_agreements. htm LandLord and Tenant Act 1954 Accessed 20 March, 2009 http//72. 14. 235. 132/search? q= compileQpO_V-_S0f8Jwww. communities. gov. uk/documents/citiesandregions/pdf/131185. pdf+the+Landlord+and+Tenant+Act+1954. &cd=3&hl=en&ct=clnk&gl=in Landlord and Tenants Rights Accessed 20 March, 2009 http//www. insolvencyhelpline. co. uk/legal_issues_explained/landlords_and_tenants_rights. php Renting a home.The key to a quieten life Accessed 20 March, 2009 http//www. lawsociety. org. uk/choosingandusing/commonlegalproblems/rentingahome. page Section 27 Landlord and Tenant Act 1954 a tactical approach Accessed 20 March, 2009 http//www. practicalconveyancing. co. uk/content/view/7631/1121/ The rights of renters Accessed 20 March, 2009 http//www. consumerrightsexpert. co. uk/TheRightsOfRenters. html Tenancy agreement service Accessed 24 March, 2009 http//www. tenancyagreementservice. co. uk/verbal-tenancy-agreements. htm Landlords and Tenants repairing obligations Accessed 24 March, 2009 http//www. tenancyagreementservice. co. uk/repairing-obligations. htmnotice-of-repairs

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