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Landlord and tenant – residential

Lease - uncertain term

For there to be a tenancy, there must be a term certain. In a periodic tenancy, this rule is satisfied by each side having the right to terminate at the end of any period. Thus, a letting agreement which ran 'from month to month until determined as provided in this agreement' gave a right to terminate by T on one month's notice, but there was no corresponding right for L to terminate (unless T was in breach). Thus, what was created was an uncertain term - and one that could not be a valid tenancy.

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Section 21 - notice

There are two types of s21 notice that L can serve on T:

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Lease - uncertain term

The Supreme Court has given an important, if somewhat confusing, judgment about the effect of granting a lease with an uncertain term.

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Tenancy deposits - reform

The deficiencies of the tenancy deposit provisions in HA 2004 were exposed by Tiensia [2010] and Gladehurst [2011]. In essence, those cases showed that the time limits imposed for Ls to protect deposits could largely be ignored (L would not be penalised even if it only paid in the money at the door of the court). Moreover, legislation could not be enforced if the tenancy agreement had already ended. Now, however, change is on the way with both those decisions being reversed.

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LVT costs - as service charge?

To what extent can L recover costs incurred at the LVT as part of the service charge?

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Enfranchisement - non-residential adjoining land

There is no right to enfranchise a 'house' if the freeholder owns adjoining non-residential land. In a recent case, there was a house with large gardens, situated in an even larger park.

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Right to manage - shared access

How do the right to manage provisions apply when the flats share access with other land owned by L?

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Service charges - consultation error

Traditionally, the courts have been very hard on Ls who fail to follow the strict requirements of the service charge consultation provisions (under s20 LTA 1985). This has been particularly so when dealing with large corporate or public Ls.

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Right to Manage - invalid notice

A Right to Manage company wanted to take over the management of the building and served notice on L (Commonhold & Leasehold Reform Act 2002). But, the wrong registered address was given on the form. Was it a valid notice?

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Long lease - satellite dish?

The problem of installing external equipment is sometimes overlooked in residential leases.

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