Search found 26 matches

by Dartmouth
Fri May 20, 2016 2:21 pm
Forum: Landlord and Tenant
Topic: Aborted commercial tenancy on day one.
Replies: 2
Views: 1566

Re: Aborted commercial tenancy on day one.

Thank you for clarifying that Conveyancer.
by Dartmouth
Tue May 10, 2016 1:45 pm
Forum: Landlord and Tenant
Topic: Aborted commercial tenancy on day one.
Replies: 2
Views: 1566

Aborted commercial tenancy on day one.

Where do I stand on a commercial letting where we'd agreed written terms, rent was paid in advance, Lease wasn't signed and Tenant changed his mind and wanted his money back in full? I recently advertised a small shop to let and started negotiating with a prospective tenant last week. Things progres...
by Dartmouth
Mon May 13, 2013 7:29 pm
Forum: Landlord and Tenant
Topic: Possession - is an unsigned defence admissible in court?
Replies: 7
Views: 3991

Re: Possession - is an unsigned defence admissible in court?

Despair - I'm afraid it wasn't - I texted him. However, it may be a stroke of luck because he has just replied belatedly with a text acknowledging the arrears and asking me to make a proposal for compensation. I have just jumped on that with another text requesting access to do repairs, which he has...
by Dartmouth
Mon May 13, 2013 6:22 pm
Forum: Landlord and Tenant
Topic: Possession - is an unsigned defence admissible in court?
Replies: 7
Views: 3991

Re: Possession - is an unsigned defence admissible in court?

UPDATE - UPDATE - I went to court today for a judgement on the tenant's application for a 2 week extension of the possession date and it was dismissed because the judge said he was not prepared to grant an extension to someone who was receiving housing benefit and not passing it on to the landlord. ...
by Dartmouth
Thu May 09, 2013 7:52 pm
Forum: Landlord and Tenant
Topic: Possession - is an unsigned defence admissible in court?
Replies: 7
Views: 3991

Re: Possession - is an unsigned defence admissible in court?

Thanks Cobdale. The tenant is a single man in his mid-30's so I don't suppose the judge will be as generous to him as perhaps with a single mum with 2 kids. I'm just hoping that the tenant's request for extra time is indmissible due to the formal defence not being signed - but I will certainly take ...
by Dartmouth
Thu May 09, 2013 7:16 pm
Forum: Landlord and Tenant
Topic: Possession - is an unsigned defence admissible in court?
Replies: 7
Views: 3991

Possession - is an unsigned defence admissible in court?

I am a landlord and a court has just granted me possession of my flat on 21 May, subject to the outcome of a 20 minute hearing on 13 May to assess the tenant's defence, which requested a longer notice period. The defence was submitted by the tenant's solicitor to the court within the time limit, how...
by Dartmouth
Tue Feb 28, 2012 7:20 pm
Forum: Rights of Way
Topic: Procedure to set aside an injunction?
Replies: 37
Views: 6045

Re: Procedure to set aside an injunction?

I appreciate your encouragement Tony. I can't see how a 6-foot wide garden (hemmed-in, overlooked and overshadowed concrete slab), which has a shop’s back door opening out onto it; and is subject to Full right and liberty for the Lessors and the Lessee of the Ground Floor Shop premises their duly au...
by Dartmouth
Tue Feb 28, 2012 12:35 pm
Forum: Rights of Way
Topic: Procedure to set aside an injunction?
Replies: 37
Views: 6045

Re: Procedure to set aside an injunction?

Sorry PILMAN.
How ironic, when there I was bemoaning other peoples' typos!
by Dartmouth
Tue Feb 28, 2012 9:56 am
Forum: Rights of Way
Topic: Procedure to set aside an injunction?
Replies: 37
Views: 6045

Re: Procedure to set aside an injunction?

That works! (I mean 'their' works!).
Thanks Pitman - your advice and expertise continues to be invaluable.
by Dartmouth
Mon Feb 27, 2012 9:39 pm
Forum: Rights of Way
Topic: Procedure to set aside an injunction?
Replies: 37
Views: 6045

Re: Procedure to set aside an injunction?

Just thought I'd post an update as several members showed an interest in my case. I went to Court today and the Injunction was dismissed. The Judge also made directions for a half-day trial to decide upon the legitimacy of the long standing access arrangements against the Excepted Right in the Lease...
by Dartmouth
Fri Jan 27, 2012 6:25 pm
Forum: Rights of Way
Topic: Procedure to set aside an injunction?
Replies: 37
Views: 6045

Re: Procedure to set aside an injunction?

I have eventually acted on some very good advice from some noteable contributors on the forum. I did the deed and went off to see a good litigation solicitor; and it's looking like it'll be money very well spent. After an hour scanning through the case papers, the Lease and all of my photographic an...
by Dartmouth
Fri Jan 20, 2012 7:02 pm
Forum: Rights of Way
Topic: Procedure to set aside an injunction?
Replies: 37
Views: 6045

Re: Procedure to set aside an injunction?

Pilman, I don't mean to appear pedantic, and I don't know if this has any relevance in the overall scheme of things, but your assumption that the LGF flat is newly converted is exactly what the Claimant has tried to portray. For what it's worth, the fact is that the flat has been in existence and us...
by Dartmouth
Fri Jan 20, 2012 6:34 pm
Forum: Rights of Way
Topic: Procedure to set aside an injunction?
Replies: 37
Views: 6045

Re: Procedure to set aside an injunction?

Pilman, you're a gentleman and I can't tell you how much I appreciate that advice; I already know how invaluable it will prove to be. Thank you, thank you, thank you!!!
by Dartmouth
Fri Jan 20, 2012 6:14 pm
Forum: Rights of Way
Topic: Procedure to set aside an injunction?
Replies: 37
Views: 6045

Re: Procedure to set aside an injunction?

Thank you both Pilman and Mr Sheen - that dose of harsh reality is exactly what I needed!
by Dartmouth
Fri Jan 20, 2012 4:14 pm
Forum: Rights of Way
Topic: Procedure to set aside an injunction?
Replies: 37
Views: 6045

Re: Procedure to set aside an injunction?

for my defence, I'm thinking - If the Court upholds this Claim it could render that part of the building redundant, thereby depriving the Defendant of rental income and causing the loss of an affordable dwelling at a time when the supply of low cost housing in London is critically low. It would furt...