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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My boss the company has done a lease with Rosendale council

Resolved Question:

my boss the company has done a lease with Rosendale council at the end of the year 2014.
the deal is as follow, rosendale council are going to refurbish the property bring it to rental situation. they will collect the rent for about 7,5 years thats about they recover the cost. the job has started at that time they changed windows, they paid council tax to pendle council.(actually my boss received some refund as it was paid for the year) In april 2016 the company (my boss) received an invoice from pendle council dated back from may 2015-2016 and from 2016-2017. approx £3000.00 which is due in june 2016
The person who was acting for rosendale council is out of business.
i called pendle council on 6th of may. she claimed that rosendale council has said they gave back the property in may 2015, reason uneconomic to renovate.
They simple breached the agreement. She asked me to proof that the lease is still active by sending in the lease via email.
i did send it to pendle council (twice) but no response, actually they sent out another council tax bill.
What is it to do now?
I have the lease which i could attach.
There are 3 points here. 1) i would like rosendale to pay the council tax. 2) i would like to keep to the signed agreement for rosendale council to carry on the work. 3) compensation for the loss of time since may 2015
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Why would Rosendale be liable for the Council tax please?Alex
Customer: replied 1 year ago.
because they signed the lease
Customer: replied 1 year ago.
they have paid the council tax as long it was by them
Expert:  Ash replied 1 year ago.
To be clear it says in the lease that THEY are responsible for the Council Tax?
Customer: replied 1 year ago.
3.1.2 To pay and indemnify the owner against all charges relating to the property in respect of all utilities including gas electricity the supply of water sewerage services rates T.V. Licence any Council Tax under Local Government Finance Act 1992 or any enactment amending or replacing it.
Expert:  Ash replied 1 year ago.
Who is the Landlord? The Council?
Customer: replied 1 year ago.
the landlord is my boss
Customer: replied 1 year ago.
the landlord has signed a lease with rosendale council. the property area is pendle council
Expert:  Ash replied 1 year ago.
Thanks, ***** ***** now.1) i would like rosendale to pay the council tax. - yes they are liable2) i would like to keep to the signed agreement for rosendale council to carry on the work - yes they are contracted and bound to do the work3) compensation for the loss of time since may 2015 - if you have been paid rent etc then you cant claim this.You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
quot;You need to write and set out your losses and request compensation...." the property is in complete bad condition, there is no way it was rented before. when i wrote to you loss, i mean by that since dec 2014 until now work is not done. the property should have been ready since latest mid of 2015. so what exactly of loss do i write? the claim is of course more then £10,000
Expert:  Ash replied 1 year ago.
The losses are the works, loss of rent, Council tax etc.If the claim is more than £10k it wont be a small claim, you can still claim but you would need representation.You need to detail and particularise your lossDoes that clarify?Alex
Customer: replied 1 year ago.
OK Thanks. one more question to it. who is going to make the claim (me or my boss)? i signed on the lease agreement on behalf of my boss.
He is the landlord.
Expert:  Ash replied 1 year ago.
Your boss. He is the Landlord, you are not.Does that clarify?Alex
Customer: replied 1 year ago.
in meantime what do i say or act to pendle council?
Expert:  Ash replied 1 year ago.
They are notified in advance by letter, so they are put on notice.Does that clarify?Alex
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