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Question for all you BTL-ers.

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    Question for all you BTL-ers.

    If I was to rent a property in the UK under a 12 month STA, with no exclusions or clauses to use of buildings in the contract between myself and the Landlord, would the land register title plan be the go to as to what land and buildings are included in the rental?


    Thanks in advance.

    #2
    buildings or errections? Land registry won't include sheds etc.

    Surely what is rented is detailed in the rental agreement e.g. This agreement is to rent the house& garden at 22 railway cuttings the shed at the bottom of the garden is excluded and access is granted to the Landlord?

    It is possible to have multiple dwellings on one title plan so I doubt it should be just the title plan.
    Always forgive your enemies; nothing annoys them so much.

    Comment


      #3
      Any half-decent Rental Agreement will specify what the rental covers (apartment / house / garage / car parking space) and any specific exclusions (ie loft space / garage / shed). If it doesn't clear it up with the Landlord / Agent.
      I was an IPSE Consultative Council Member, until the BoD abolished it. I am not an IPSE Member, since they have no longer have any relevance to me, as an IT Contractor. Read my lips...I recommend QDOS for ALL your Insurance requirements (Contact me for a referral code).

      Comment


        #4
        Any half-decent Rental Agreement will specify what the rental covers (apartment / house / garage / car parking space) and any specific exclusions (ie loft space / garage / shed). If it doesn't clear it up with the Landlord / Agent.

        Short Answer - The Registry just shows the extent of the property as owned and very often, on old deeds, they are very outdated. They form no part of the Rental Agreement.
        I was an IPSE Consultative Council Member, until the BoD abolished it. I am not an IPSE Member, since they have no longer have any relevance to me, as an IT Contractor. Read my lips...I recommend QDOS for ALL your Insurance requirements (Contact me for a referral code).

        Comment


          #5
          Originally posted by clearedforlanding View Post
          If I was to rent a property in the UK under a 12 month STA, with no exclusions or clauses to use of buildings in the contract between myself and the Landlord, would the land register title plan be the go to as to what land and buildings are included in the rental?


          Thanks in advance.
          The Law of England and Wales has its foundations of precedents and statutes. Landlord and Tenant Law is even more complex because added to precedents are thing called "Authorities". Authorities" are written documents and opinions of judges, academics and QCs.

          Ignorance of the law is no excuse and you can easily get yourself into very expensive hot water by trying to be clever.

          The law books relating Landlord and Tenant (L&T) would easily cover sixty volumes however, the basics are: -

          The Law is in the favour of the Landlord namely the Freeholder after all, he owns the property, not you.
          A letting contract or Lease does not have to contain all rules and regulations required to be performed by the Tenant.

          Finally, "no exclusions or clauses to use of buildings" does not matter. If you have a non-commercial tenancy, then you just use it as a home and keep it in a tenant like manner. Anything else, get written permission from the Landlord in writing.

          I have just saved you £120,000 in legal fees and costs.


          The is a common "Authority" used as a precedent in L&T cases and it is "'tenant-like manner' relates to the court case of Warren v Keen in 1953" but tenant like manner goes back to the 1600s.

          As a Tenant you are expected to behave like a Tenant, eg: keep the property clean and tidy and do the day to day jobs one would expected. You would not build erect or alter the builder or the land space without written permission from the landlord not matter what was written or not written in a contract or agreement.

          Furthermore, you must not do anything to annoy (persistently or repeatedly) your Landlord otherwise he could terminate your tenancy.
          "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

          Comment


            #6
            Oh. I thought this was going to be a support thread for dyslexic sandwich fans. Never mind.
            The greatest trick the devil ever pulled was convincing the world that he didn't exist

            Comment


              #7
              Originally posted by LondonManc View Post
              Oh. I thought this was going to be a support thread for dyslexic sandwich fans. Never mind.
              I did think of that but it's been done so many times.
              "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

              Comment


                #8
                Originally posted by Paddy View Post
                I did think of that but it's been done so many times.
                Sandwich support threads for dyslexics? Well done CUK, I'm please to see how inclusive we can really be.
                The greatest trick the devil ever pulled was convincing the world that he didn't exist

                Comment


                  #9
                  Originally posted by clearedforlanding View Post
                  If I was to rent a property in the UK under a 12 month STA, with no exclusions or clauses to use of buildings in the contract between myself and the Landlord, would the land register title plan be the go to as to what land and buildings are included in the rental?
                  Thanks in advance.
                  So what's the situation here? You've signed a poor contract and are now in dispute with the landlord, or you've seen an opportunity to sign a poor contract that gives you the possibility to push the boundaries?

                  I know the law is pretty black and white in certain things, like the land registry has nothing to do with the rental but context could very much change what the possible outcome would be.

                  Either way, don't sign contracts that don't have exclusions or clauses where there should be some to cover unknowns like this. Raise it, get them in so it's crystal clear, sign document.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    If I was to rent a property in the UK under a 12 month STA, with no exclusions or clauses to use of buildings in the contract between myself and the Landlord, would the land register title plan be the go to as to what land and buildings are included in the rental?
                    No. At best it might form part of your evidence in court to demonstrate your reasonably held belief or something, but....no. Why would the land registry title plan have any bearing on a contract? It most certainly doesn't form a "go to" or any kind of iron clad proof.

                    For a start, there's no requirement to update it with additions - certainly not things built under PD. So if the kitchen was extended under PD, would you be happy for the landlord to throw the land registry plan at you and tell you had no reasonable expectations to use the back 3 meters of the house?

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