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Landlord and tenant – residential

‘No DSS’ – discrimination?

Many Ls have an informal ‘no DSS’ policy when selecting Ts. However, there are press reports of a case that was settled when L was accused of discriminatory behaviour (note: this was merely an out-of-court settlement, but it does illustrate the point at issue).

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MEES – subletting

A T who sublets will then become an L for MEES purposes. It follows that if T occupies a sub-standard property then T will not be able to grant a sub-lease of the premises (unless T registers an exemption).

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HMOs – children included

The test for deciding whether a property is a house in multiple occupation depends on the number of ‘persons’ living there.

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L’s consent – assignment

 T had a long lease (999 years) of flats in a residential block. L’s consent was required to any assignment (not to be unreasonably withheld), but L refused to grant consent

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Energy efficiency – MEES

The MEES Regs are now in force (from 1 April 2018). Accordingly, it is now 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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MEES – buy-to-let

Buy-to-let investors should be aware that lenders may be unwilling to provide finance for the purchase of a non-compliant property (or may require that works be done to bring the property up to standard).

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MEES – assured shortholds

The MEES Regs will apply to the grant of any new assured shorthold. But, what about existing assured shortholds?

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MEES – long leases

Thre is no reason, in principle, why a long lease should not come within the scope of MEES.

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Surrender – by law

A ‘surrender by law’ occurs when L or T carries out actions that are only compatible with a surrender (ie the ending) of the tenancy. Thus, it is the actions of the parties that count – not their intentions. If there is an act which is inconsistent with the continuation of the tenancy, so there is an unequivocal acceptance that the tenancy has ended, then that will be a surrender by law (even if that was not the intention).

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Periodic tenancy – new tenancy?

Suppose you have a monthly oral tenancy. At the end of each month, that periodic tenancy automatically continues. But, what is happening from a legal point of view: is it (i) a new tenancy that is granted every month, or (ii) the original tenancy remains in place but with a series of extensions?

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