UK Property Law
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Hello - If the lease was entered into as a consumer. i.e This is not a business transaction, but rather you buying a property for yourself then
you will be able to claim under the Unfair Terms in Consumer Contracts Regulations 1999. The following is a link to the Office of Fair Trading
concerning this point https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf
Furthermore the OFT has an obligation to progress your matter for you. It would wise to contact them and also then relay what is happening
back to the landlord - which may well change their mind bat refusing to negotiate. Can I help you further?
In terms pf what I sent to you by link it would be far better to contact the OFT and tell them the story
as they will then enforce the matter for you.
Q 1. Yes they must satisfy that their clauses are 'reasonable'. On the facts provided they do not appear to be
2. The clause purports to do this but again can be struck out if not 'reasonable'.
3. The act mentioned before is relevant here.
4. The clause mentions the 'internal pan arrangement' a stud wall would change that plan presumably.
As I mentioned before I think that the best course of action would be to explain that the clauses are not 'resonable' and therefore invalid. Then explain that unless agreement can be made that you will inform the OFT and will seek reparatios for loss incurred.
I know of no obligation upon the freeholder's solicitor to provide a reason for refusal.
However it is further evidence that the clause is unreasonable.
The Unfair Terms in Consumer Contracts Regulations 1999 - specifically provides for the
clauses in the lease to be reasonable and such a clause that prohibits almost everything is
very likely to be deemed unfair. In terms of success should you bring this matter to court.
On the facts you have a strong case. Litigation can be extremely expensive and firms often ask
for a large down payment before progressing at all. This is why the OFT route could be easier and
cost free. You could always suggest to their solicitor that the lease clauses are void as they are
unreasonable and then inform them that you are going to press ahead with the works. They will then
need to bring an injunction - which under the circumstances they ought not to do. I trust that this has been of help to you.
Hello - again.
I hope that the answers I have given have clarified matters for you. You are quite correct that the Landlord and Tenant Act 1927
concerns Business Premises only.
If you could now give me a 5 star rating that would ensure I get paid. Many thanks. Should you require further assistance please do not
hesitate to ask.
Hello - could you please rate me 5 star please.
I am happy to respond as necessary after that
I will see if I can assist as the other experts has opted out.
Are you able to upload an extract of the lease so I can read the clause.
Once I see the wording I can assess.
Also, please clarify what alterations you are proposing to carry out.
Many thanks, ***** ***** the above, Unfair contract terms act (which I do not think applies) have you been given any advice? Do you have a solicitor acting for you?
Thanks. My book on this is in the office. I will check lunchtime and come back to you.