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Landlord and tenant – residential

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).

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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.

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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.

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Service charges – consultation

The service charge consultation provisions in Commonhold and Leasehold Reform Act 2002 require L to consult with long lessees before carrying out works above a certain value (£250 per T), or entering into long-term agreements for the provision of services.

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Enfranchisement – ‘house’

Enfranchisement under LRA 1967 is available when T has a lease of a ‘house’ (ie ‘any building designed or adapted for living in and reasonably so-called’). Note that this is a two-fold test: (i) the building must be ‘designed or adapted for living in’, and (ii) is it ‘reasonably so called’ a ‘house’?

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Most-read articles

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...

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