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Landlord and tenant – residential

Lease extension – rent above a peppercorn?

A lease extension under LRHUDA 1993 requires the new lease to be for a time equal to the unexpired residue of the existing lease plus 90 years, at a peppercorn rent and otherwise generally on the same terms as the existing lease.
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Noise nuisance – liability?

A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows that T is causing a nuisance.
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‘Elevation’ – front and/or rear?

The UT has held that a covenant against making ‘any alteration in the elevation’ of a flat applied to alterations at the front or rear of the property.
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MEES – £3,500 cost

Under the MEES Regs it is 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). 
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Airbnb – summary

Most long lessees will be in breach if they regularly let their property out on Airbnb:
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Education – student accommodation

An educational institution will generally be well advised to organise student lets as fixed-term licences.
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Consent to assign – costs

Readers may remember a 2016 High Court decision involving very high charges sought by L for a consent to assign various residential leases. 
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Lease – ‘occupation by T’

It is very common for a long residential lease to say that use must be as a ‘single residential unit only’ (or similar). Much rarer, and to be avoided, is the clause that says that it cannot be used ‘other than as a single private dwelling in the occupation of the Lessee and his family’. 
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Covenant by L – no discretion

If L grants T a licence to carry out works (eg alterations) that are absolutely prohibited by the lease, then L will be in breach of its obligations to other Ts in the building.
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Service charge – update

Two unrelated points on service charges:
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