Jump to content


  • Tweets

  • Posts

    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Lease extension estimate please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3453 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there,

 

I have a query regarding a proposed lease extension.

 

The property is under offer at £860,000

 

There remains 51 years of a 99 year lease with a peppercorn ground rent of £12 per annum.

 

The freeholder has proposed a lease extension of 90 years with an increase of ground rent to £250 per annum for the sum of £110,000.

 

Can this be considered fair or should I negotiate? Should I look for 99 years/keep peppercorn rent/reduce the charge?

 

Many thanks:confused:

Link to post
Share on other sites

My rough and ready calculation of a 90 year extension at PEPPERCORN rent, would be a gobsmacking £382,803.

 

I would suggest that you snap his hand off.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Sorry, needless to say I am talking out of my bum....got the spreadsheet wrong :)

 

A "roughly" fair cost of a 90 year extension at peppercorn rent is actually £118,782. With this in mind, and the fact that the capitalisation of ground rent income under his proposal is a massive £22500 (as opposed to £1250 under peppercorn rent), I would suggest you may want to negotiate this, and potentially take to LVT.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Thanks Mr. Shed.

 

Your first reply had be back on my heels.

 

I omitted that they propose the new ground rent of £250 pa be doubled every 25 years.

 

 

I will begin preparing a negotiation in the hope that an agreement can be met without the LVT.

 

Many thanks once again.

Link to post
Share on other sites

No problem - I must admit I was fairly shocked at the first figure, but I've never dealt with such a short outstanding term extension, so had nothing to compare it to :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

I have just calculated that ground rent of £250pa doubling every 25 years of a 90yr lease is £73,750.

Currently the gound is £12pa or £1080 for the term.

 

Can the freeholder reasonably expect to get this?

Link to post
Share on other sites

I think that it is not a market value valuation, and would be greatly reduced at LVT, should it go to that stage.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

If you want further info on how to work out approximate value, you may want to read this:

 

http://www.lease-advice.org/levamain.htm

 

But bear in mind that it hasnt been adjusted post-Sportelli case.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

  • 5 months later...

Hi,

 

I have a similar question to the one above and would appreciate your much more informed opinions on how fair the freeholder's offer is.

 

The property is under offer at £166,000.

 

There remains 79 years of a 99 year lease with a ground rent of £75pa for the first 33 years, rising to £150 for the next 33 years, rising to £300 for the final 33 years.

 

For £7500, the freeholder has proposed a lease extension of 99 years with an increase of ground rent to £150 pa, doubling ever 20 years.

 

This seems to be quite a lot, considering it's only 79 years, but would like a second (and third) opinion!

 

Thanks

Link to post
Share on other sites

Hello my strong advice to the original poster is to take professional valuation advice. You will probably pay around £600 plus Vat and when you are talking about spending in excess of £100k it really would be madness not to protect yourself. In these circumstances a decent valuer will more often than not pay for themselves, not to mention the peace of mind and guidance he/she can offer.

 

Have a look at the list of surveyors on the leasehold advisory service website and find one in your area.

Link to post
Share on other sites

Hi,

 

I have a similar question to the one above and would appreciate your much more informed opinions on how fair the freeholder's offer is.

 

The property is under offer at £166,000.

 

There remains 79 years of a 99 year lease with a ground rent of £75pa for the first 33 years, rising to £150 for the next 33 years, rising to £300 for the final 33 years.

 

For £7500, the freeholder has proposed a lease extension of 99 years with an increase of ground rent to £150 pa, doubling ever 20 years.

 

This seems to be quite a lot, considering it's only 79 years, but would like a second (and third) opinion!

 

Thanks

 

 

 

Sorry didn't see how old the original post was.

 

In response to this post, my guess is that a statutory lease extension (i.e. one extending the term by 90 years and reducing rent to a peppercorn) would cost around £6.5k, plus legal/valuation costs for both you and L. So the offer is borderline - is he offering you 99 extra years, or just enough so that you have 99 left?

 

If you are the seller in this market I wouldn't hang around quibbling over this if the sale is dependent on it - try and haggle him down a bit and get the deal done. It favours him but if your buyer is happy the main loss is the ground rent which you won't have to suffer.

 

hope this helps (ps you can get basic valuation advice from leasehold advisory service) (pps your solicitor should be advising you on this!)

Link to post
Share on other sites

  • 3 weeks later...
  • 4 weeks later...

Hi,

I have a similar question and would appreciate your opinion.

I bought a property in December 2007 for £220K with 64 years lease remaining. At the time of the purchase the landlord gave me the price for lease extension £20,922 (in 2007).

Now I would like to proceed with the lease extension and the cost of the premium given to me recently by the landlord is £20,575. As we all know the house prices dropped since 2007 and current price of a property on my street is about £189,900 or less. Is the cost of lease extension considerable or I should negotiate? Many thanks.

Link to post
Share on other sites

  • 3 weeks later...

Hello Lili,

definitely negotiate.

That premium seems high.

Also make sure that the freeholder is offering an additional 90 years, so a total of 162 years all at zero ground rent (which is what a formal Claim would require).

 

regards John

http://www.leaseholddoctors.co.uk

Edited by LeaseholdDoctors
Link to post
Share on other sites

  • 10 months later...
  • 3 months later...

Hi,

 

On a similar topic... I bought my house in 2005 for £170. Now I am selling it in 2010 for £235. There are now 73 years left on the lease. Ground rent is £50 per year. The quote I got from the surveyor was £16,750, but he was very vague on things and also didn't provide a figure for us to put into the notice to serve on the landlord. 3 questions - 1. Does this sound like a reasonable premium? 2. How much less than the estimate should the figure in the notice normally be? 3. Would this quote be for 90 years extension? He didn't specify...

 

Thanks.

Link to post
Share on other sites

I assume that you mean flat, not house.

 

You should ask your Surveyor for a "best case" figure to insert in the Section 42 Notice.

 

If it's a valuation under the 1993 Act then it will be for a 90 year extension to your lease. This should have been made clear in the report but you should clarify this with your Surveyor.

 

Regards.

Link to post
Share on other sites

  • 4 years later...

Hey - new here but Have just spent an age reading up on this so thought I'd post on the thread for other users.

 

The Lease Extension Valuation can take two routes; formal and informal. You need to choose which route to go before you get a valuation.

 

As a rule formal routes are for Leaseholders who want to extend by the statutory 90 years with no ground rent. The process is prescribed and you have protection through the Reform Act 1993.

 

The informal route is best left for Leaseholders who have a good relationship with their Freeholder and want to increase their lease by a variable amount of years and don't mind the ground rent remaining in place.

Edited by honeybee13
Commercial website removed.
Link to post
Share on other sites

RO, cant really see the point on posting on old threads!

If any body has a problem now, they will start a new thread and hopefully get current advice.

You probably have sound advice to give, but of limited value on old threads, as most people will not trawl though old threads!

suggest you wait until a new thread or question comes up.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...