The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – residential

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.

Subscribers only...
 

Right to manage - shared access

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

Subscribers only...
 

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.

Subscribers only...
 

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?

Subscribers only...
 

Long lease - satellite dish?

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

Subscribers only...
 

Tenancy deposit - schemes

This table summarises the tenancy deposit schemes available. Needless to say, however, the CA has, in the last year, emasculated the tenancy deposit provisions by holding that:

Subscribers only...
 

'Structure' - plaster?

Earlier this year, the CA reached an important decision on whether or not plaster comes within the scope of L's obligation to keep in repair the structure and exterior (s11 LTA 1985).

Subscribers only...
 

Service charges - update

A round-up of three recent (but unrelated) service charge decisions:

Subscribers only...
 

Service charges - the basics

There have been several important cases where Ls have fallen foul of the detailed service charge provisions in LTA 1985. Certainly, the rules can be complex, but in many instances all that is needed is:

Subscribers only...
 

Bankruptcy - order for possession

Once a person is made bankrupt, no 'remedy' in respect of that debt can be made against the bankrupt's property other than under the provisions of IA 1986. Several residential Ts have argued that if L is seeking possession on the ground of rent arrears, then that will be in breach of IA 1986 (as being a 'remedy in respect of the debt'). However, the CA has dismissed such arguments, despite the fact that the rent arrears will be provable in the bankruptcy proceedings.

Subscribers only...
 


Page 32 of 44

Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
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... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...

Resources

IAG International
In House Lawyer
MSI Global Alliance
www.totallylegal.com
Join the IBA now!