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Landlord and tenant – residential

Assured shortholds – requirements

A summary of the requirements for new lets of residential properties:

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Airspace – leases

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LA register – rogue Ls

Housing and Planning Act 2016 allows local housing authorities to apply for banning orders against rogue Ls or agents (who have been convicted of certain offences). 
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On account – ‘reasonable amount’

LTA 1985 deals with residential service charges paid by long lessees. If a payment is being made on account of future service charge costs, then s19(2) says that only a ‘reasonable sum’ is payable (with any adjustment taking place once the costs have been incurred).
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‘No dogs’ – valid?

Suppose a lease contains a covenant that T will not keep any ‘dog, bird, cat or other animals’ without consent. Is that a valid restriction? The answer is ‘yes’. 
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L’s consent – non-contractual advantage?

LTA 1988 sets out the rules when T requests L’s consent to assign (etc). Under s1(3), L must ‘within a reasonable’ time give that consent unless ‘it is reasonable not to give consent’. 
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Safety – gas

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.

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Service charges – estoppel?

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)?

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‘No DSS’ – discrimination?

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).

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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