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mind if i pick your brains over something....


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cutting a long story short is there an agreement used to rent LAND and not a property on the land.

long story...

he purchased a flat with a retail unit underneith some time ago now, (2 years) and also the land next to the property. On this land there is a garage, the garage is being used by a local builder. And on purchasing the property my father was informed that there was a "verbal" agreemen that the local builder was able to let the "garage" that he had build on the land from the owner of the land for the princely sum of £140 per year.

now, 2 years later, and STILL no rent from the builder. now the original plan for the land was to eventualy knock down the unsightly garage and build either another comercial or residencial property on it's site. planning permission might be a little tricky. but overall it look's promising. the site it's self is paying for it's self twice over, with the 3 bed flat pulling in £500.00 pcm, and the retail unit £300.00 pcm.. so £800.00 pcm for £100,000 purchase price.

(that's why i dislike me fathers bloody lucky investements , finds them where others would not think twice)

so, the builder has now been there 2 years. no written agreement exists, no rent has came in. and now he is thinking about getting some money from the garage.

what do you think should be the first step ?

he has asked me to knock up a tenancy agreement for the builder so we have at least got something in writing. but my main concern is that the builder insists that HE owns the garage, and it is only the land it is build on that my father owns.. as far as i am concerned this means that there should at least be a lease inplace if not a tenancy agreement. in which case neither exists.

normaly am ok on letting matters.. having done mainly residencial and some comercial. but letting "land".. it's a new one to me and need a little advise.

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How long ago was the garage built?

By whom?

Is there Planning for it ?

'Cos if if is less than - I think 10 years, with no planning and this guy built it then LPA could be requested to insist that

a) he applies for retrospective planning - which you can object very strongly to

B) no planning so knock it down ( he says it is his so he can pay to remove !)

Failing this put a good debt collector on him - and for the paltry sum of £140 I assure you he will pay ( if he has more than 3 brain cells !)

Also as part of collecting arrears make a new lease an integral part of negotiations or preferably agreement to leave.

Not a legal bod but there's a few avenues to persue enquiries on !!!

Would be interested to hear the outcome on this one !


PS while you are at it put the rent through the roof -

In my experience people will aways take the easiest option - so make it easier for him to go rather than to stay !!!!

Taken from Simon's laws of life !


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