There can be many issues that arise out of the Landlord and Tenant relationship. Commercial Leases needed to be negotiated carefully to begin with and when terminated this need to be equally carefully dealt with to avoid any potential pitfalls.
Residential tenancies are now highly regulated by statute and it is therefore paramount that all of the correct paperwork is in place before the tenancy is entered into and at the time the tenancy is terminated.
We have extensive experience in dealing with the preparation of and negotiation of leases, together with Court Proceedings where a Commercial Lease renewal is necessary, or a residential tenancy Possession Order is required.
Landlord & Tenant Agreements
We have considerable experience in dealing with commercial property transfers and residential sales.
Transfers
Property
Commercial or Residential
There may be various reasons why you wish to prepare a document to specify how the proceeds of sale of a property should be split between the beneficial owners.
This could be because as a couple you have put in differing amounts of money, or, as a married couple you may be managing the property as a Rental investment and the person running that business should have the larger share for their tax purposes.
Whatever the reason that you need a declaration of trust we would be more than happy to help.
Declarations of Trust
Occupier Waiver Documentation
If you are an adult occupier of a property and the owner wishes to re-mortgage, it is very common these days that the lender will require any non-owning adult occupiers to sign and occupy a waiver agreement.
This involves coming in for a meeting where your legal rights and the rights you are waving are explained to you, before you then sign a document. This will then be signed off by a solicitor to confirm you have received the necessary independent legal advice for the re-mortgage to go ahead.
Independent Legal Advice Certification
Much like an occupier waiver agreement, there are circumstances where it may be necessary for an owner or occupier of a property to receive independent legal advice to enable a transaction to proceed.
We are able to offer that advice which will involve reviewing the necessary documentation, then having a meeting with you to discuss it and ensure that you are fully appraised of the circumstances before you sign the documentation.
This will then be countersigned by a solicitor to confirm you have received independently advice.
Statutory Declarations & Affidavit Preparation
We are able to swear all manner of statutory declarations or affidavits that have been prepared by a solicitor acting for you but need to be sworn by an independent solicitor.
Equally, there may be circumstances where you are not represented by a solicitor but need a statutory declaration or an affidavit to be prepared, we are able to offer this service.
Title Issues or First Registration
The title to your property (if registered), will be held on an electronic document produced by the land registry. It may be but there are some entries upon it that are of concern to you or should have been removed. We have extensive experience in dealing with these issues. Equally , it may be that your property is still unregistered and has yet to join the national database of properties maintained by HM Land Registry.
If so, it can be very sensible to deal with voluntary first registration now when you will enjoy a reduced fee from the Land Registry. Please do not hesitate to contact us if you think that you may have an issue along these lines.
Boundary Determination
Historically people could be fairly relaxed about the exact location of a boundary between two properties however, these days with the increased cost of property and the Party Wall Act etc it could be a valuable strip which can make the difference between being able to go ahead with your proposed plans or not.
We have extensive experience of dealing with such matters. Usually these can be negotiated without the need for Court proceedings to be issued, however, should Court proceedings be necessary we will ensure you are fully appraised of the likely process and the costs and risks involved.