Is modifications in a standard AST legally binding for non payment of rent ? **RESOLVED**

[axil23]

On 22/01/2022 at 01:50, stu007 said:

 

 

I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?

 

 

Sorry, I would rather not do that. 

 

I don't really want to get them out as they have 3 more years left and other than roof they pay for all repairs. So as long as I keep on top of any further roof repairs its a decent contract. 

 

So if they fail to reply then I am assuming that I need to MCOL them for unpaid rent and then let the judge decide who is right or wrong? 

[45002]

1 hour ago, axil23 said:

Sorry, I would rather not do that. 

 

 

Go and show All the paper work to a solictor then and seek their advice, think its becoming pointless anyone from CAG advising you anymore !

Edited January 23, 2022 by 45002

[stu007]

Hi

 

I see no reason posting a Redacted copy (in PDF Format) will affect you with Mears as to give the proper advice you seek especially since you have sent them a Letter Before Action (LBA) you should be fully aware that your next action Court Action to resolve this if they fail to reply or reply and dispute your claims.

 

Without the above (as so far you have only given us very small parts of this agreement) it is going to be difficult to advise.

 

Have you sent them the Subject Access Request (SAR) that I also advised?

 

 

[axil23]

Ok I am currently travelling for work and should be back home by the weekend. Will scan and upload then? I haven't sent the SAR yet but was aiming to get it out in the post today. 

[stu007]

Hi

 

Just thought I would pop in to see if there is any further update on this.

 

Also in reference to post#37 which refers to the 'Law of Property Act 1925 you need to be careful when reading what sections are referred to in that post.

 

You need to read the Original Enacted Version of the Law of Property Act 1925 and the sections referred to:

 

Law of Property Act 1925

WWW.LEGISLATION.GOV.UK

 

Then you need to very carefully read the the Revised Version and those Sections:

 

Law of Property Act 1925

WWW.LEGISLATION.GOV.UK

---

An Act to consolidate the enactments relating to conveyancing and the law of property in England and Wales.

 

 

 

 

 

[Aequitas]

Why is it necessary to read the sections as enacted? What is relevant is the law at the time the document was signed. There have been no changes to the sections since the document was signed. In any event such changes as have been made do not affect the question of whether a deed is needed for the grant of a tenancy exceeding 3 years to be valid at law.

[stu007]

These were referred to in the post stated in my post and to clarify to the OP that they need to read both the Enacted version and the Revised version of the Sections that were referred to in the Law of Property Act 1925 that you stated as I prefer to provide actual website links so the OP can read these for themselves to make there own informed decision on how to proceed.

 

 

 

[Aequitas]

Post 37 was addressed to 

6 hours ago, stu007 said:

These were referred to in the post stated in my post and to clarify to the OP that they need to read both the Enacted version and the Revised version of the Sections that were referred to in the Law of Property Act 1925 that you stated as I prefer to provide actual website links so the OP can read these for themselves to make there own informed decision on how to proceed.

 

 

 

Post 37 was addressed to you rather than the OP as in post 36 you said I had read the thread on LLZ incorrectly and that my opinion was wrong. I have no problem with that as I am sure it was what you believed to be the case. Post 37 was to persuade you that I had read the post correctly and that my opinion was sound. I set out what I believe to be a cogent argument that the law was as I said it was. You expressed the view that I was confused and I responded with further clarification to which you have not responded, which of course you have no obligation to do. If you still believe my opinion is incorrect then I refer you to this article in the New Law Journal written by a barrister and professor of law.

 

The status of the lease is something of a side issue, but still important. If it is the case that Mears do not have a lease valid at law it has to be worth the OP mentioning it to them. One would hope they would back off if they realised they had an invalid lease.

 

Ignoring the status of the lease:

 

Without doubting your good intentions and with respect to you and others who have commented, you have not homed in on the key issue and have made suggestions which are inappropriate. The key issue is that Mears have not followed the procedure set out in the lease they drafted and therefore nothing is payable. That is all that needs to be said, at least to start with. If you ask for invoices to justify the amount demanded you are in danger of conceding you owe something. At a later stage, if Mears come up with an arguable case, it may be appropriate to query the amount, but if you do you need to do it carefully so that it is clear you deny you owe anything.

[axil23]

I am glad to say they have responded and will pay the rent. They have raised a dispute and once they get the money back they will pay me. Not sure how long this could take as they are now in 2 months arrears. 

 

I would like to thank the both of you for your help. Both gave fantastic guidance.  

 

 

[AndyOrch]

Update your topic once received and we can mark your topic resolved.

 

Well done 

 

Andy 

[stu007]

Hi axil23

 

You are more than welcome to the assistance

 

As for Mears saying they will now pay the Rent but are in dispute and have to wait to get the money back, sorry that doesn't wash get the money back from who and as you mention they are 2 months in arrears payments which could end up by the time they pay this 3 months in Arrears.

 

IMO I would ask them exactly when these 2 months Rent Arrears Payments are going to be paid and remind them that they can't with hold Rent Payments due to a separate matter of the ongoing Roof Invoice dispute

 

I know I asked if you could post up a Redacted copy of the Agreement with Mears in PDF Format and you did mention in post#54 that you would and I do understand that you may be busy but is Mears are still trying it on with the Roof Invoice it would help to see that Agreement and the clauses contained within in it.

 

If you haven't done so yet as Mears are still disputing this Roof Invoice make sure and get that Subject Access Request which I hope you have already sent to them.

 

Have you been able to get a statement from the Roofer that you employed to inspect the Roof and carry out the needed repairs? (I really think you do need this to assist with the Roof Invoice Dispute)

 

 

[axil23]

21 hours ago, stu007 said:

 

 

IMO I would ask them exactly when these 2 months Rent Arrears Payments are going to be paid and remind them that they can't with hold Rent Payments due to a separate matter of the ongoing Roof Invoice dispute

 

 

 

 

 

They are now saying I will get the funds within a week. So looks like its all good. Any further issues I will make sure to upload the agreement but hopefully this matter is now finished. 

 

Once again I thank you and Aequitas for your assistance. Honestly you both have been so helpful. 

[stu007]

Hi

 

You are more than welcome and thanks for the update it is appreciated.

 

Please lets us know when you eventually get the Rent Arrears Payments and if further issues with the Roof Invoice Dispute with them.

 

 

[stu007]

Hi axil23

 

Just thought I would pop in to see how this is going with Mears.

 

1. Have you had the Rent Arrears paid to you yet that Mears promised to do?

 

2. How is the Dispute with the Roof repairs progressing?

[axil23]

Yes. They have settled and are up to date. Thank you for all your help! 

[stu007]

You are more than welcome.

 

Also does that include the Roof Dispute is resolved or still ongoing?

[axil23]

Yeah that's settled too. 

[stu007]

Thanks for that update but before I mark your thread title as ** RESOLVED**

 

Could you possibly give us a small update on how you resolved the roof dispute with them as it may help others in a similar situation?

 

 

[axil23]

As you advised. Sent them a letter before action with the guidance received in post 36. They advised they have requested the charges back and would forward in due course which they have now forwarded to me. 

[stu007]

Hi axil23

 

Many thanks for that will be useful to others.

 

Will mark your thread Title as ** RESOLVED**

 

You know where we are if you need any other assistance

[stu007]

Hi axil23

 

Just thought I would pop in as I know I marked your Topic as resolved with the matter of the Rent Arrears has been resolved.

 

Just checking on the issue of the Roof Repairs they were claiming and if that side of this matter is still ongoing with Mears or have you managed to resolve that with them as well?

 

Hope your keeping safe and well

[axil23]

Yeah they agreed to take cancel that charge. Thank you.