The Practical Lawyer

Landlord and tenant – residential

‘Extra services’ – must mean extra!

T had lived in a self-contained bungalow in a sheltered housing scheme since 2008. L was a housing association and had not charged him for the cost incurred to maintain the grounds as the lease made no provision for its recovery through the service charge.
Subscribers only...

Intentionally homeless – objective test

The SC considered the case of a T who occupied a property under an AST but fell into arrears and was evicted. T applied to the LA claiming homelessness and seeking assistance. 
Subscribers only...

Section 21 notice – amended form introduced

Under Housing Act 1988 an s21 notice gives L an automatic right of possession without having to give any grounds once the fixed term has expired. The notice cannot be used to gain possession during the fixed term but it can be served during this time provided the date requiring possession is not before the end of the fixed term. Any deposit paid by T must be protected under the tenancy deposit scheme. We reported in our May 2019 edition (p26) that the government has proposed abolishing s21 notices to end no fault eviction of Ts, but as yet this has not been introduced.

Subscribers only...

Prescribed information – serve again if in doubt

At the beginning of a residential tenancy and when in receipt of a tenancy deposit, L has 30 days to give T various information including: the amount of the deposit, how it is protected and the name and contact details of the tenancy deposit protection scheme (DPS) – this is known as the prescribed information.

Subscribers only...

T’s failure to respond – not a refusal of access

The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access.

Subscribers only...

Right to rent checks – unlawful

Since 1 February 2016, Ls (or their agents) have been required to check identification to establish the immigration status of all prospective adult Ts before the start of a tenancy.

Subscribers only...

Fitness for habitation – update

We reported in our March 2019 edition (p28) on the introduction of the Homes (Fitness for Habitation) Act 2018 which came into force on 20 March 2019.

Subscribers only...

MEES update – private rentals

We have seen that the MEES regulations are designed to tackle the least energy efficient properties in England and Wales.

Subscribers only...

Section 21 notices – abolition?

We do not usually report on issues that are only at ‘proposal’ stage on the basis that they might never become law.

Subscribers only...

Tenant Fees Act – permitted payments

We reported in our March 2019 edition (p27) on the Tenant Fees Act 2019 which comes into force on 1 June 2019.

Subscribers only...

Page 2 of 46

Most-read articles

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...


IAG International
MSI Global Alliance
Join the IBA now!
In House Lawyer