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Landlord and tenant – residential

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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Consultation – price change?

If ‘qualifying works’ are to be carried out then L must follow the consultation procedures required by LTA 1985.

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Right to rent – Windrush

The Windrush generation refers to those that arrived in the UK between 1948 and 1971 from Commonwealth countries.

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Receivers – s21 or s8?

A receiver acting on behalf of a mortgagee, when L has been in default on the mortgage, is unlikely to know whether an occupying assured shorthold T was served with the correct documents at the ‘commencement’ of the tenancy (‘How to Rent’; gas certificate; EPC).

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Section 21 notice – no gas certificate?

If T has an assured shorthold, then L cannot serve an s21 notice (to terminate the tenancy) unless T was provided with...

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Assured shortholds – requirements

A summary of the requirements for new lets of residential properties:

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Airspace – leases

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LA register – rogue Ls

Housing and Planning Act 2016 allows local housing authorities to apply for banning orders against rogue Ls or agents (who have been convicted of certain offences). 
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Page 4 of 44

Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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