The Practical Lawyer

Landlord and tenant – residential

Agents – redress scheme

Letting agents have been required to join a ‘redress scheme’ since 2014.

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HMOs – new rules

The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households.

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Assured shorthold – s21 notice

L can give T two months’ notice under s21 HA 1988. The key point about an s21 notice is that L does not have to give any reason for acquiring possession of the property. But, the rules on being able to serve a valid s21 notice are complex (in part due to changes resulting from Deregulation Act 2015).

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Airbnb – breach of lease

It now seems clear that an Airbnb short let will be in breach of a typical long lease.

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Section 21 pitfall – premature service

If T has an assured shorthold, then L cannot serve an s21 notice (to terminate the tenancy) unless T was provided with (i) the How to Rent booklet; (ii) gas safety certificate; and (iii) EPC.

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Lettings – under 18?

If a minor (under 18) enters into a contract, the general principle is that the contract will be voidable (ie it can be avoided by the minor) save in limited circumstances.

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Fire – residential properties

A summary of relevant fire safety legislation:

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Unlawful eviction – damages

How much damages should T get for unlawful eviction? An award of £40 per day was increased by the CA to £130 pd, with the court noting that awards would generally be in the range of £100-300 pd.

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Service charge – long-term agreement

Ls must consult with residential long lessees before (i) carrying out works above a certain value, or (ii) entering into a long-term agreement for services (‘an agreement… for a term of more than 12 months’).

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Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
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The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
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... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...


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