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Landlord and tenant – residential

Possession – deposit release?

On a residential property possession claim, can the court order the deposit holder to release the deposit to L on account of a judgment for rent arrears (ie without the consent of T)?

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Housing – fixed penalties

Housing and Planning Act 2016 came into force on 6 April 2017, and allows LAs to ‘fine’ Ls by means of fixed penalties (ie financial penalties of up to £30,000). This applies to multiple occupation offences, and also the use of unlawful force to seek an eviction. Penalties are for each individual offence, so L could face multiple fines of up to £30,000 for multiple offences. Guidance is being issued as to the appropriate penalty for each offence.

 

Ts – credit card payment?

A note from PainSmith looks at the problems that can arise if T pays by means of credit card. The problem is that most credit card companies will refund money to the customer if the customer says the money should not have been paid. In that situation, L (or L’s agent) will end up out of pocket.

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Right to buy – summary

The right to buy was introduced by HA 1980, and some 2m LA properties have since been sold under that scheme.

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RTM – non-compliance

The CA recently considered the position where a right to manage company fell foul of the technical requirements of CLRA 2002 (which allows half or more of qualifying Ts to take over L’s management functions).

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Energy performance – EPCs

A minimum EPC of E will be required to rent a residential property as from 1 April 2018. This will apply to all tenancies that begin (or are renewed on or after) that date. For existing tenancies, the rules will not come into effect until 1 April 2020.

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Rats – whose liability?

Is L liable if there are rats or other pests in a rented property? In practice, the answer will probably depend upon whether the property is furnished or unfurnished, and whether the rats were present at the time the tenancy started (or have entered since).

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Sub-letting – ‘family’

  A recent case provides a clear warning of the dangers of accepting a lease which restricts use to ‘a single private dwelling house in the occupation of the lessee and his family’. In essence, such a covenant will prohibit all sub-letting – including the granting of an assured shorthold.

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Tenant – liable for council tax?

In deciding who is liable for council tax, the crucial question is likely to be whether the tenancy agreement creates a lease of at least six months; if so, then T will be regarded as the ‘owner’ under s6 LGFA 1992, and thus liable to pay council tax. The CA recently looked at the situation in which a tenancy is granted for a fixed term of six months, and thereafter on a month-to-month basis (ie an initial fixed month term, followed by a periodic tenancy).

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Lease extension – intermediate L

Under LRHUDA 1993, qualifying residential Ts of long (more than 21 years) leases have a right to a 90-year lease extension. The application is made to the L who has the ability to grant the 90-year extension, and the grant of that new lease will then bind all intermediate Ls.

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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?
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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
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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...

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