The Practical Lawyer

Landlord and tenant – residential

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:

Subscribers only...

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.

Subscribers only...

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.

Subscribers only...

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:

Subscribers only...

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.

Subscribers only...

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.

Subscribers only...

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.

Subscribers only...

Possession - HRA/public law

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

Subscribers only...

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.

Subscribers only...

Tenancy - abandonment

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

Subscribers only...

Page 34 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...


IAG International
MSI Global Alliance
In House Lawyer
Join the IBA now!