The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – residential

Human rights – RSLs

The CA has held that registered social landlords have to consider their T’s human rights when exercising housing management and housing allocation functions.

Subscribers only...
 

Commission – Foxtons

In an important decision, the High Court has ruled that various commission clauses in Foxtons’ contracts with residential Ls are unenforceable. It is reckoned that there are around 15,000 letting agents using similar conditions, and accordingly this decision is important for the whole residential lettings industry. The end result is that many of these agents will face claims for refunds.

The case was brought by the OFT in respect of two types of commission clauses:

these entitled Foxtons to charge commission if T renewed the lease (even if Foxtons had no involvement in the renewal);

sales commission: this entitled Foxtons to a commission if L sold the property to T.

Subscribers only...
 

Service charges – notices

Remember that it is vital that L serves any service charge notices on a long lessee at the correct address. A prudent L or managing agent should always check at the Land Registry, or Companies House, that the address for the T is correct.

Subscribers only...
 

Tenancy deposit – non-supply of information

Under the Tenancy Deposit Scheme, L has 14 days in which to deposit the money with an authorised scheme, and 14 days to give ‘prescribed information’ to T. Failure on either account means that the court must order L to pay T a sum of money equal to three times the amount of the deposit.

Subscribers only...
 

Accommodation – suitable alternative

One of the grounds for getting possession against (even) a Rent Act T is to offer ‘suitable alternative accommodation’. Indeed, such an offer is also a discretionary ground for possession in respect of an assured tenancy.

Subscribers only...
 

Lease – for life

For a lease to be valid, it must be for a fixed term, or a periodic term certain. In other words, the start and finish dates must be certain, or capable of ascertainment.

Subscribers only...
 

Long lease – expiry

When a long lease expires, T can remain in occupation and will become an assured T. This assumes, of course, that the new rent will not exceed £25,000 pa (if so, it will be too expensive to be an assured tenancy and thus T will have no security).

Subscribers only...
 

Tolerated trespass – abolition

Tolerated trespass has been abolished as from 20 May for the vast majority of tenants.

The problem arose when L got a possession order, but with T then being allowed to stay at the property.

Subscribers only...
 

Tenancy – minor

The Homelessness (Priority Need) Order 2002 conferred priority need status on the overwhelming majority of children aged 16 and 17, who are eligible for assistance from the HA. Accordingly, an increasing number of tenancies have been granted to minors since 2002.

Subscribers only...
 

Assured shortholds – £25,000!

A tenancy cannot be an assured shorthold if the rent exceeds £25,000 (a maximum sum that was fixed in 1990). The logic at the time was to exclude luxury lets. However, if the £25,000 threshold had been indexed to RPI since 1990 then it would now be in the region of £52,500.

Subscribers only...
 


Page 38 of 41

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

Resources

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