The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – residential

Tenancy – unfair contract terms

To what extent do the Unfair Terms in Consumer Contracts Regs 1999 apply to standard-form tenancy agreements? The OFT has previously issued guidance making it clear that it takes the view the 1999 Regs can apply, but we now have High Court confirmation.

Subscribers only...
 

Joint tenants – Human Rights

If one of two joint Ts gives notice to quit to L, then at common law the joint tenancy comes to an end. This means that one joint T can unilaterally end the joint tenancy – without the consent or knowledge of the other. The end result is that the other joint T will become a trespasser, and that L will be entitled to possession. This important principle was confirmed in Hammersmith & Fulham [1992].

Subscribers only...
 

Service charges – dispensation

It is well known that L must consult with residential leaseholders about (i) the nature of the proposed works and (ii) the identity of, and likely costs to be charged by, the contractor that L intends to use. Section 20 LTA 1985 sets out the detailed consultation requirements by reference to the Service Charges (Consultation Requirements) Regs 2003.

Subscribers only...
 

Possession – disability

To what extent can T rely upon a disability discrimination argument as a defence to a possession claim?

Subscribers only...
 

Enfranchisement – head lessees

Leasehold and Commonhold Reform Act 1993 gave Ts of long leases the right to enfranchise. This could either be (i) collectively (by buying the freehold) or (ii) individually (with a 90-year lease extension). Prior to 2002, it was necessary for T to have resided in the flat for more than three years, but the removal of that requirement has opened up a whole new growth industry of enfranchisement claims.

Subscribers only...
 

L’s consent – guarantor?

T wanted to assign its lease, but L insisted that the purchasing company provide a personal guarantor. Because of this the purchasing company withdrew and the question then arose as to whether T could forfeit the purchaser’s deposit.

Subscribers only...
 

Rent deposit – notifying T

In a recent case, L took a rent deposit and properly placed that in a Tenancy Deposit Scheme. But, L did not notify T of the details of the scheme within the 14-day statutory period.

Subscribers only...
 

Windows – part of structure?

A long lease of a maisonette bought under the Right to Buy legislation contained unusual provisions relating to the windows. The lease specifically included the external windows as part of the demise.

Subscribers only...
 

Disrepair – fast track costs?

The CA has neatly overcome the small claims track costs hurdle that arises in many housing disrepair cases.

Subscribers only...
 

Roof space – development

It is becoming increasingly common for Ls to construct new flats on the roofs of existing blocks of flats. But, it should be appreciated that the disposal of the airspace will be a disposal of an ‘appurtenance’, and that in turn means that the Ts may potentially be able to block the development by exercising their right under LTA 1987.

Subscribers only...
 


Page 38 of 40

Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

Resources

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