The Practical Lawyer

On a residential let, all gas fittings must be maintained in a safe condition; each appliance and flue must have a safety check within 12 months of being installed (and every 12 months thereafter); that check must be by an HSE-approved person, with the records being kept for two years.

Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that there is an ‘estoppel by convention’ (ie a shared assumption that now prevents T from reneging on that assumption)?

Many Ls have an informal ‘no DSS’ policy when selecting Ts. However, there are press reports of a case that was settled when L was accused of discriminatory behaviour (note: this was merely an out-of-court settlement, but it does illustrate the point at issue).

A T who sublets will then become an L for MEES purposes. It follows that if T occupies a sub-standard property then T will not be able to grant a sub-lease of the premises (unless T registers an exemption).

The test for deciding whether a property is a house in multiple occupation depends on the number of ‘persons’ living there.

 T had a long lease (999 years) of flats in a residential block. L’s consent was required to any assignment (not to be unreasonably withheld), but L refused to grant consent

The MEES Regs are now in force (from 1 April 2018). Accordingly, it is now unlawful for an L in the private rented sector to grant a new domestic tenancy, or renew an existing one, if the property does not have an EPC of E (or better).

Buy-to-let investors should be aware that lenders may be unwilling to provide finance for the purchase of a non-compliant property (or may require that works be done to bring the property up to standard).

The MEES Regs will apply to the grant of any new assured shorthold. But, what about existing assured shortholds?