Complicated leases and mortgages

[BazzaS]

No this concern another property and another issue

 

Your life would no doubt be easier (and no one might again suggest that you were trying to get property law course questions answered!) if you found less complex lease properties?

[citizenB]

Can you not find a property that doesn't have any problems ?

[Michael Browne]

I assume that all you're really concerned about that you wouldn't be able to get a resident permit.

 

The lawful development certificate merely regularises the change to a single property. I would think that the S106 thus becomes null and void.

 

The simplest way would be to phone the planning dept and ask them to confirm (preferably in writing or email) that the S106 no longer applies and a resident of the house would be eligible for a permit

[resources]

“The lawful development certificate merely regularises the change to a single property. I would think that the S106 thus becomes null and void”

Section 106 are private agreements between owners and planning department. However the problem is that there is also a planning condition in a previous planning application which says that there should be a section 106 agreement which says that the occupiers of one of the two flats have no right to a parking permit. It is stated to protect the amenity of the surrounding area. I think because of the parking pressure of the area. However the parking pressure is still here even after the amalgamation of the property.

Section 3(4) of The Town and Country Planning (General Permitted Development) Order 1995 which says

(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.

Hence I wonder if this lawful development certificate was not wrongly granted because of this planning condition and a planning application with a new Section 106 would have been necessary

There is not only the issue of whether or not I will be entitled to parking permit but also the risk that one day I will end paying several Council tax bills because this property is still a block of flats

[resources]

“The lawful development certificate merely regularises the change to a single property. I would think that the S106 thus becomes null and void”

 

 

Section 106 are private agreements between owners and planning department. However the problem is that there is also a planning condition in a previous planning application which says that there should be a section 106 agreement which says that the occupiers of one of the two flats have no right to a parking permit. It is stated to protect the amenity of the surrounding area. I think because of the parking pressure of the area. However the parking pressure is still here even after the amalgamation of the property.

 

 

Section 3(4) of The Town and Country Planning (General Permitted Development) Order 1995 which says

(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.

 

 

Hence I wonder if this lawful development certificate was not wrongly granted because of this planning condition and a planning application with a new Section 106 would have been necessary

 

There is not only the issue of whether or not I will be entitled to parking permit but also the risk that one day I will end paying several Council tax bills because this property is still a block of flats

[Michael Browne]

 

 

Hence I wonder if this lawful development certificate was not wrongly granted because of this planning condition and a planning application with a new Section 106 would have been necessary

 

There is not only the issue of whether or not I will be entitled to parking permit but also the risk that one day I will end paying several Council tax bills because this property is still a block of flats

 

Rather than try to double guess what the situation might or might not be, phone the council and find out one way or the other

[resources]

The planning department told me concerning the planning condition that they cannot tell me more than there is already in the website

The department dealing with parking permits told me that this section 106 is still valid because it has never been discharged or replaced by another superseding it

It is why I have posted this thread to try to understand better

[Michael Browne]

The planning department told me concerning the planning condition that they cannot tell me more than there is already in the website

Sounds to me as if you're just being fobbed off. I'd go and see a planning officer and ask why the s106 still applies now that the property has reverted to a single property ie if the reason for the S106, which you say only applied to the ground floor, now no longer exists, then the s106 should lapse. Far more difficult for them to fob you off face to face.

 

The department dealing with parking permits told me that this section 106 is still valid because it has never been discharged or replaced by another superseding it

This I can understand. Parking Services will have it logged that permits can't be issued for that property and they won't change their stance until notified by planning that the S106 no longer applies.

[resources]

“ie if the reason for the S106, which you say only applied to the ground floor, now no longer exists”

 

This S106 was imposed because one garage was removed from the ground floor not to increase the parking pressure of the area. However this garage has never been restored so the need not to have the parking pressure of the area increased still exists. Hence the reason for this S106 still exists it is why I have some problem to understand this situation

[ericsbrother]

how many parking permits do you think you will need?

[resources]

Maybe one or two. However if this section 106 is still valid I could be entitled to none. Moreover there is this issue also of whether or not this property is a single dwelling and if maybe one day I would have to pay several tax bills. I need to understand the situation

[resources]

I think that there is a misconception in believing that a Section 106 which is a deed could be cancelled only by a phone call or an email from the planning department to the parking permit department. I think that a Section 106 should be officially discharged following an application to have it discharged or replaced by another Section 106

 

 

Hence I think that another condition and section 106 would have been necessary and in order to have them a planning permission would have been necessary because I think that a planning condition and a planning obligation i.e. a Section 106 could be imposed only within a planning permission

 

 

I think that another Section 106 would have been necessary to take into account the reason why the first Section 106 was imposed which still exists i.e. to protect the amenity of the surrounding by not having the parking pressure of the area increased.

[ericsbrother]

ask the council.

[resources]

I have already asked but of no avail. In order to clarify this what I need is to make a formal complaint but before doing this I need to understand what says the law about this issue to be sure that it is worthwhile to make an official complaint

[honeybee13]

Hello there.

 

Why do you need to make a complaint please? And is this anything to do with the block of flats/single dwelling query that you had in a recent thread? I'm confused.

 

HB

[ericsbrother]

some people are very unlucky when finding only properties to rent that have problems. As you havet yet put your money on the table I would recommend finding somewhere that doesnt have problems of this kind. there are about 20 million that fit the bill.

[resources]

I do not have any need for a complaint. However I am thinking that the only way to get information from the Council would be through a complaint. Otherwise the Council will tell me again that they have nothing to say more than there is already in their website. I prefer not to be muddled in a complain it is why I prefer understand the situation without a complaint and it is why I have posted this thread

[raydetinu]

I agree, if you need parking and there are potential problems and they cannot be resolved satisfactorily before taking on the property, then walk away.

Not worth taking a chance even if you think you might understand that you could get what you want! not worth the risk.

[resources]

I would like to rent a room in a property which is leased

The two parties of a lease agreement which is 999 years long are the lessor who is a man who is the freeholder of the property and the lessees who are this man himself and a woman.

 

There is something very strange in this lease agreement because there is only the signature of the man and of a witness but not this of the woman. Hence I would like to know if this lease agreement is legal and can be cancelled at any time by the Land Registry and how the woman can really be a lessee if she has not signed the lease agreement?

[honeybee13]

Hello again. Is this the same property as your recent thread please?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?448090-Complicated-leases-and-mortgages

 

HB

[resources]

No I have viewed several properties.

[BazzaS]

I would like to rent a room in a property which is leased

The two parties of a lease agreement which is 999 years long are the lessor who is a man who is the freeholder of the property and the lessees who are this man himself and a woman.

 

There is something very strange in this lease agreement because there is only the signature of the man and of a witness but not this of the woman. Hence I would like to know if this lease agreement is legal and can be cancelled at any time by the Land Registry and how the woman can really be a lessee if she has not signed the lease agreement?

 

Same reply as at 12th July (apparently this is your third query regarding renting a property that has a complex problem associated with it, all for different properties).

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?448986-What-happen-to-a-section-106-agreement-after-amalgamation-of-a-block-of-flats-into-a-single-dwelling&p=4762791#post476279

 

I suggested (for that 2nd, different property)

"Your life would no doubt be easier (and no one might again suggest that you were trying to get property law course questions answered!) if you found less complex lease properties?"

 

So, if you have found somewhere you have concerns about renting (this being the 3rd one, apparently) : move on, rent elsewhere, where you don't have concerns.

 

Other than that : go study for your property law course. Don't expect CAG to do your study for you

[resources]

I have not viewed only properties with problems. However the more attractive seems unfortunately be those where there are problems

 

 

I do not understand your obsession with me being maybe a student. Are you sure that a teacher will ask these kinds of question as coursework. Moreover which degree I would be studying? I am not sure that degree is property law even exist

I think that you should concentrate rather on replying to the new issue that I raise

[richard_se11]

... I am not sure that degree is property law even exist

I think that you should concentrate rather on replying to the new issue that I raise

 

Property/Land law is one of the (six?) core subjects of a qualifying law degree; when I read for mine the recommended texts included, inter alia, Gray on Land Law. If you are interested in this area, it might be a good place to start.

[BazzaS]

Property/Land law is one of the (six?) core subjects of a qualifying law degree; when I read for mine the recommended texts included, inter alia, Gray on Land Law. If you are interested in this area, it might be a good place to start.

 

Seven core areas required by the SRA / BSB, if I recall correctly.

Property / Land Law, Public law, EU law, Equity/Trusts, Contract Law, Criminal Law, and Tort.

 

OP : As for "why do I think this is coursework, because these aren't questions used" - These are precisely the APPLIED questions I would use to assess

1) Understanding of the underlying law

2) Ability to apply that law to a situation,

I'd also try to phrase the question to allow the candidate to express different options as to areas where the question doesn't give the whole facts.

 

So, "Given the stated facts, the basic law is A. The exception to the rule is B. The exception to the exception is C.

 

So, as the exception allowing B has arisen, the answer isn't A. if x, then B applies, but if y, then C."

Hence my doubts - it is precisely what could be asked in coursework.

 

Additionally, most renters wouldn't be concerned with such details, let alone notice them and post them as complex queries. To find them on one property : unusual.

To find them on 3 different properties, and still be considering any of them - what do you think that looks like?