The Practical Lawyer

Landlord and tenant – residential

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).

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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.

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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.

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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.

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Deposit – schemes

Ls letting properties on assured shorthold have to protect any deposit taken by using one of the approved tenancy deposit schemes.

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Extension lease – redevelopment

Ts of flats held on long leases, once they have owned their flats for two years, have a right to claim an extended lease of 90 years (Leasehold Reform, Housing and Urban Development Act 1993).

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Tolerated trespasser – abolition

The government has made it clear that it intends to abolish the status of ‘tolerated trespasser’, and to restore tenancy status to all existing tolerated trespassers. This will be done via the Housing and Regeneration Bill.

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Service charges – holiday homes

There are many developments that involve the grant of long leases (typically of chalets or static caravans) with occupation being limited to use as a ‘holiday home’. In practice, many such units are used all year round, often in defiance of lease terms (which have frequently been imposed as a result of planning restrictions).

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Possession – disabled T

For some time there has been concern about the inter-relationship of mandatory-ground possession proceedings under HA 1988 and the Disability Discrimination Act 1995. In Malcolm [2007] it was held that a possession order should not have been made against a disabled T, since, on the facts, that amounted to unlawful discrimination under DDA 1995.

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Lease – no rebuilding

The typical residential flat lease will require L to insure at T’s cost, and oblige L to use the insurance moneys to reinstate the premises.

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