The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – residential

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...
 

Assured shorthold – s21 notice

One of the ways Ls can seek possession of an assured shorthold tenancy is by serving a notice under s21 HA 1988. If the tenancy was granted for a fixed term and that term has not expired, then an s21(1) notice is served. On the other hand, if it is a periodic tenancy because the fixed term has expired then an s21(4) notice must be served.

Subscribers only...
 

Service charges – reminder

The Summary of Rights Regs came into force last year (October 2007). These require that a summary of rights and obligations must accompany any demand by L for the payment of service charge in respect of a residential property.

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.

Subscribers only...
 

Suspended possession – tolerated trespasser?

A public sector residential T will have a secure tenancy (under HA 1985). However, if T is in breach and the court makes a suspended possession order then that will automatically bring the secure tenancy to an end (even if T fully complies with the suspended possession order and pays off all arrears).

Subscribers only...
 

Collective enfranchisement – hope value

When valuing L’s interest on an enfranchisement, the assumption is that the market value of the unencumbered freehold is likely to exceed the combined value of T’s and L’s separate interests.

Subscribers only...
 

Tenancy deposit – sanctions

The tenancy deposit provisions are contained within ss212-215 HA 2004. The key requirement, of course, is that L must place any deposit into an authorised deposit holding scheme and then serve written notice on T within 14 days confirming this has been done.

Subscribers only...
 

Sevice charge – shareholder contribution?

If the Ts are shareholders, then a residential management company can avoid LTA 1985 (which gives Ts the right to challenge the reasonableness of service charges).

Subscribers only...
 

SDLT – collective enfranchisement

Ts with long leases (over 21 years) have a collective right to buy the freehold under Leasehold Reform, Housing and Urban Development Act 1993. FA 2003 introduced a relief from SDLT when there is collective enfranchisement.

Subscribers only...
 

Deposit protection – non-compliance

Since 2007, all deposits for rent of more than £25,000pa for assured shorthold tenancies must be protected by the money being placed in a tenancy deposit protection scheme.

Subscribers only...
 


Page 40 of 41

Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

Resources

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