The Practical Lawyer

Landlord and tenant – residential

Long lease -external items?

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

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Service charge -statutory protection

A reminder that the service charge provisions in LTA 1985 are strictly enforced. Two recent cases illustrate this:

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Rentcharges - redemption

A rentcharge is a sum of money (payable annually or bi-annually) usually payable in respect of freehold land (although you can also have rentcharges on leasehold land). No new rentcharges have been created since Rentcharges Act 1977, which says that all rentcharges will expire 60 years after the commencement of that Act.

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Service charges - consultation

A reminder of the basic rules on consultation of Ts under LTA 1985.

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Mobile homes - update

There have been several developments on the law relating to mobile homes. In particular, the CA has given a restrictive interpretation to Mobile Homes Act 1983, and confirmed that it deals primarily with the owners and occupiers of caravan parks, where homes are sited on designated pitches, with a small amount of garden ground and perhaps a parking space. In particular:

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Shared ownership - social housing

An article in the NLJ suggests that shared ownership may well become the next legal battle ground in the social housing sector. By definition, shared ownership largely applies to marginal buyers, who are the ones at risk of default; as finance is tightened, so we can expect more shared owner defaults (and disputes) to emerge.

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Tenancy deposit - tenancy ended

The CA has driven a further nail into the coffin of the tenancy deposit scheme. It will be recalled that in Tiensia [2010], L had failed to protect T's deposit and so T asked the court to order L to pay the penalty under s214 HA 2004 (ie three times the amount of the deposit). However, the CA held that L had until the date of the court hearing to comply with the requirements of the tenancy deposit scheme; so, provided L paid the money into a scheme, and then gave T the prescribed information, L would have a complete defence, even at the door of the court.

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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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