The Practical Lawyer

Landlord and tenant – residential

Long lease - forfeiture

A reminder of the statutory limitations on L's common law right to forfeit a long lease for non-payment of rent under Commonhold and Leasehold Reform Act 2002:

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Assured tenancy - becoming Assured Shorthold

A T with an assured tenancy has greater protection and security of tenure than a T with an assured shorthold.

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First refusal - LTA 1987

The 'right of first refusal' allows a 'qualifying T' to exercise a right of first refusal when L is disposing of all or part of the property.

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Assured shorthold - agricultural worker

Prior to 1997, one of the mandatory requirements for a valid assured shorthold tenancy was that L had served a notice in prescribed form, before the start of the tenancy, informing T that the tenancy was indeed to be an assured shorthold. Those requirements were abolished by HA 1996 for most assured shortholds, but a notice is still necessary if an assured shorthold is to be granted to an agricultural worker.

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Possession - HRA/public law

Two Supreme Court decisions have significantly complicated the legal landscape for social Ls who seek possession:

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Water - liability

As from October 2011, there will be an obligation on Ls to provide water companies with T's contact details. The hope is that this will reduce the problem of Ts leaving premises with unpaid water bills and without having left forwarding addresses. Should L fail to comply with the new requirement then L will become jointly and severally liable for the water bill.

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Tenancy - abandonment

What should L do if T disappears and seems to have vacated the premises?

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LVT - cost traps

In general, a successful party cannot recover costs from the other side in the LVT (despite the fact that many cases involve a huge amount of work with numerous witness statements, and complex issues of law to consider).

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Possession - Article 8

The Supreme Court has confirmed that, as general rule, Article 8 only needs to be considered if it is raised by a defendant in possession proceedings and, if it is raised, a court need only consider the issue summarily.
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Possession - non-attendance

If T does not attend a possession hearing, can he then apply to have the possession order set aside?
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