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Landlord and tenant – residential

Defective Premises Act – L liable

The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover.
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AST – security deposits capped

From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual rent is over £50,000). 
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Flat – keeping pets?

When acting for buyers of residential flats, practitioners are often asked to advise whether the incoming buyer can keep a pet at their flat – a situation which is often governed by the terms of the lease. 
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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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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...

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