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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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Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
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...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
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
Thursday, 09 May 2019
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
Thursday, 09 May 2019
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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