LandLord Sold Garden Which Was Under Tenancy

Naf

grifferz wrote: »

Just a tip, if you use the "multiquote" button which is to the right of the "quote" button on the bottom of each post you wish to quote and reply to, it puts all the quotes into one response for you to edit.

So then you can do like:

Good point some1!


I'm afraid I must disagree, some2.

And it looks a lot clearer. Also it links back to their original post so anyone can see what their full text was.

adrihd wrote: »

Thanks! But the reason I did this sis because I read individually reading each post without having to scrolll back to pages to find it I'll use a bit nor sense of bold italic and colour when using @'s then It's just easier, and if posts come in while I'm going back I can just tack them in rather than fragment what's been said

BUT: the forum system only allows you to multiquote 3 at a time.

G_M

THE BIG ONE @ G_M: I looked into the year that the property was broken up into 4 separate flats. The council needed this as I was disputing a load of disrepair on a bathroom that used to be an outhouse, which turned out to be a BAD builders job connecting it to the kitchen.

I MUST admit I retyped this particular post about 5 times as I REALLY didn't want to wast the Land Reg's Reps time, so I left it at the facts which they needed.

What I needed it for was the bathroom was an outhouse (quite obvious by the external brickwork) but that and the inter joining "bath" area which joined onto the original kitchen were showing signs of BAD frost in winter, so I showered at the gym. Even the old bar heater with the pull cord would end up all damp! In the summer, the bathroom was RIDDLED (I use caps for a reason) with black mould. And no matter how much bleach, anti fungal spray or detergent I used… 2 days later, it was back again.

In the end I lost my tether, went to the local council (Swale Borough Council) and they asked me for those details.

So after being sent up and down their lift about 30 times, I got to the planning department and got those details for them… A week later, I was promised a new bathroom i.e. walls stripped and cladded etc… which took over a year to do :-/

I have no idea what this is all about, or the relevance!!My questions was:

Have you, as advised by several people, including the LR Rep, got hold of the various property Titles and compared the Plans?

It sounds to me like you have not.

You do not appear to have answered, so I assume, again, you have not!

For the avoidance of doubt, Title documents are nothing to do with Planning, or the council. They are held by the Land Registry(which is why the LR Rep kindly posted)

A simple "Yes I have them and they show X" or "No I do not have them" will do. Noneed for how or where, or or why, or when you got them (as long as they are current)

Land_Registry

There is an awful lot of information here which may well be relevant in pursuing the matter but the key questions from my perspective are How long is your AST for? Do you have a long lease (greater than 7 years) which has been registered or are you on a short lease?

If it is a short lease then it is very unlikely to be registered and as such you need to refer back to the legal agreement/contract under which you occupy the premises.

Checking the registered title for the owner of the garden may be worthwhile to confirm what is registered and what leases or other interests are registered. If your's is a short lease then it is unlikely to show anyway and again you would revert to the terms of any legal agreement/contract which exists.

MobileSaver

Land_Registry_representative wrote: »

you need to refer back to the legal agreement/contract under which you occupy the premises.

Despite being "extremely methodical" the OP seems to be rather vague about the AST/legal agreement regarding the garden and seems reluctant to disclose exactly what the AST states...

adrihd

@D_M: No I dont have them yet

@LandReg: Its a 6 month fixed which is now in monthly periodical

@Everyone. To clear up any ambiguity with the ast and how it's worded, here are the excepts to which I refer (scans)

ok can't post links, I'll have to transcribe then... Will do shortly after I eat...

adrihd

Under DESCRIPTION OF THE PREMISES:

Studio Flat

In these conditions, 'your home' means that the property, including fixtures and fittings, the garden, paths, hedges, fences and any outbuilding or garages which this tenancy applies to.

Under MY RESPONSIBILITIES:

Outside Areas, Including Gardens and Landscaped Areas
76: You must keep your garden tidy by cutting the lawn on a regular basis and trimming the hedges and bushes by keeping it free of rubbish.

77: If you do not keep your garden in good condition, we may clear and it charge all the residents who have access to the garden for the work.

78: Not to damage trees or shrubs within the boundary of your home, or cut down or remove any tree or shrub forming a boundary of your home, without permission, in writing. We may need to cut back or remove trees where they may cause damage to the structure of the building.

79: If you want to plant a tree anywhere on the land that is part of your home, you must get our permission, in writing first. You will not be allowed to plant maple, beech, poplar, willow, elm oak or chestnut trees, or fast-growing conifers such as Leyland cypress.

adrihd

MobileSaver wrote: »

Despite being "extremely methodical" the OP seems to be rather vague about the AST/legal agreement regarding the garden and seems reluctant to disclose exactly what the AST states...

I wasn't asked for the exact wording, but now you mention it, see last post.

Land_Registry

Many thanks adrihd - as it is for such a short term it will not appear on the land register.

The title for the owner of the garden will assist in understanding the extent of ownership and any other recorded interests but it is to your own 'conditions' you should turn in the first instance.

The extracts provided provide part of the picture but is there a wider definition regarding the term 'which this tenancy applies to' i.e. how is the tenancy defined?

I ask the question merely as a further steer as such short term contracts are not in Land Registry's remit althought the legal approach to terms and definitions will be the same. In the circumstances it is probably best I withdraw from the thread as other posters will have far more experience around such short contracts.

I shall continue to monitor the thread in case something further crops up which does impact on the land register though.

adrihd

THanks for the response. I'll update with the title and that when I get them tomorrow. In that sense, the tenancy isn't defined clearly, but thanks for your time, I appreciate it.

For now I'll wait and see what others say about the excepts say about the garden etc...

cattie

TopQuark wrote: »

Just because you are willing to roll over and let people walk all over you, doesn't mean other people are. Do you doff your cap and tuck your forelock to your LL I wonder?

Ah but I don't have a landlord & haven't had one for many years now. I worked hard all my life, taking on some morning & evening cleaning jobs as well as my daytime office job to enable me to buy my own place. Fully paid for & mortgage free all within 12yrs I'm happy to say.