The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – residential

Energy efficiency – MEES

The MEES Regs are now in force (from 1 April 2018). Accordingly, it is now unlawful for an L in the private rented sector to grant a new domestic tenancy, or renew an existing one, if the property does not have an EPC of E (or better).

Subscribers only...
 

MEES – buy-to-let

Buy-to-let investors should be aware that lenders may be unwilling to provide finance for the purchase of a non-compliant property (or may require that works be done to bring the property up to standard).

Subscribers only...
 

MEES – assured shortholds

The MEES Regs will apply to the grant of any new assured shorthold. But, what about existing assured shortholds?

Subscribers only...
 

MEES – long leases

Thre is no reason, in principle, why a long lease should not come within the scope of MEES.

Subscribers only...
 

Surrender – by law

A ‘surrender by law’ occurs when L or T carries out actions that are only compatible with a surrender (ie the ending) of the tenancy. Thus, it is the actions of the parties that count – not their intentions. If there is an act which is inconsistent with the continuation of the tenancy, so there is an unequivocal acceptance that the tenancy has ended, then that will be a surrender by law (even if that was not the intention).

Subscribers only...
 

Periodic tenancy – new tenancy?

Suppose you have a monthly oral tenancy. At the end of each month, that periodic tenancy automatically continues. But, what is happening from a legal point of view: is it (i) a new tenancy that is granted every month, or (ii) the original tenancy remains in place but with a series of extensions?

Subscribers only...
 

Enforcement – trespassers

Possession orders are generally obtained in the county court and enforced by a county court bailiff. But it is a common cause of frustration that L may have waited several months from issuing a claim to obtaining a possession order, and then face delays of up to 12 weeks for a bailiff appointment. In those circumstances, Ls often seek advice about using a High Court enforcement officer (HCEO). They market themselves as being faster and more effective, although they are more expensive (between £400–£900, compared with £120 for a bailiff). But, there are different procedures for using HCEOs, depending whether the possession claim is against a (i) trespasser, or (i) non-trespasser. In this note, we look at the position as regards trespassers.

Subscribers only...
 

Enforcement – non-trespassers

If the possession action is against a non-trespasser (unless it involves a mortgage possession claim), the claimant who wants to use a High Court enforcement officer must make two court applications. Firstly, there must be an application to the county court for an order transferring up to the High Court (s42 CCA 1984), and secondly an application in the High Court for permission to issue a writ of possession (under CPR 83.13(2)).

Subscribers only...
 

Long lease – forfeiture

There are severe constraints on L’s ability to forfeit a residential long lease for non-payment of rent. In particular, s166 and s167 of Commonhold and Leasehold Reform Act 2002 apply. Under s166, T is only liable to pay rent if it is demanded in a prescribed form (and accompanied by prescribed notes explaining the effect of s167). In turn, s167 says there can be no forfeiture unless the rent arrears exceed £350, or an amount of rent has been outstanding for more than three years.

Subscribers only...
 

Service charges – 18-month time limit

Section 20B(1) LTA 1985 imposes an important time limit for L in making a service charge demand: there is an 18-month time limit from the date when the costs are ‘incurred’ (unless T was notified in writing that costs had been incurred and that they would subsequently form part of a service charge). But, the key point is that there will normally be an 18-month time period from when the costs were ‘incurred’ – failing which the costs will be irrecoverable from T.

Subscribers only...
 


Page 8 of 46

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...

Resources

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