The Practical Lawyer

Landlord and tenant – residential

Enfranchisement – changes?

The Law Commission has recommended major changes to the residential enfranchisement regime. There is a fair chance these changes will be implemented, in which case enfranchisement will be cheaper, and less technical.
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HMO – type of occupier

An LA granted an HMO licence on condition that an attic bedroom could only be used (a) by a student, and (b) for ten months of the year.

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HMO – student lets

The scope of mandatory licensing for houses in multiple occupation (HMOs) was changed in October 2018. In particular, the definition was extended to include one- and two-storey buildings (previously it only covered buildings of three storeys or more).

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Forfeiture – long leases

The forfeiture of long leases is extremely rare. Earlier this year, however, there was much publicity about a case in which the long lessee of a first-floor flat in Kensal Rise (worth £600,000) forfeited his lease for what seemed to be minor breaches.

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Pre-emption – right of first refusal

This flowchart is the starting point for working out whether Ts have a right of first refusal (when L is selling) under LTA 1987.

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ASTs – long leases

A long lease can (unintentionally) qualify as an assured shorthold.

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ASTs – pre-Oct 2015

Deregulation Act 2015 introduced important changes to the assured shorthold regime. Those did not previously apply to pre-October 2015 ASTs – but they now do.

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HMO – licence fees

Many LA licence fees for HMOs are unlawfully high.

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The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
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CFAs – no automatic 100% success fee
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In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
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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. Read more...
MEES non-domestic rentals – reminder
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The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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