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Landlord and tenant – residential

Possession – s21 notice

  A reminder of the current requirements for an s21 notice served under HA 1988 to secure possession of a property let under an assured short-hold:

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Right to manage – procedure

Establish qualifying criteria:

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Alms-houses – licensees

The CA has confirmed that residents of alms-houses occupy as licensees and not as Ts.

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Service charge – surveyor’s opinion?

A clause which provides that service charge apportionments are to be determined by L’s surveyor is void (s27A(6) LTA 1985). This is so even if there is an intermediate L between the residential T and the ultimate freeholder (ie the residential Ts are entitled to challenge the apportionment of relevant costs in a headlease, notwithstanding the fact that they are not parties to that headlease).

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Consent to assign – administration charge?

Many residential leases require T to obtain L’s consent to assign. The important point to note is that L cannot charge an ‘unreasonable’ fee (eg an admin charge for work involved in processing the application).

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L’s costs – service charge

If L has incurred costs (including legal costs) in proceedings before the FTT, to what extent is it possible for L to recoup those costs through the general service charge (so that all Ts within the service charge regime pay a share of those costs)?

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Leasehold reform – mixed-use premises

One of the perennial problems under LRA 1967 is whether mixed-use premises can be considered a ‘house’ for enfranchisement purposes. In practical terms, this will usually be in the context of a flat above a shop. Can the long lessee of the flat claim enfranchisement rights under the Act?

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Airbnb – unlawful letting

There has been an important Upper Tribunal decision on whether long-lease Ts can do short-term holiday lets (eg Airbnb). The conclusion is that, in most instances, such lettings will be in breach of the covenants in the lease.

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Non-derogation – right to sunlight?

A long residential lease will contain covenants for quiet enjoyment and also for non-derogation from grant (although case law shows that these amount to much the same thing). To what extent can T use such covenants to thwart a potential development by L?

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Consent to assign – L’s costs?

Some long leases require T to get L’s consent to assign. But, can L charge a high admin fee?

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Trustees – duty to beneficiaries
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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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