The Practical Lawyer

Landlord and tenant – residential

RTM co – articles

If you are acting on the formation of a right to manage company (ie collective enfranchisement under CLRA 2002) then ensure the articles define the ‘premises’ correctly. 

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Right to rent – checks

 The right to rent provisions came into force (in England) on 1 February 2016. Ls (and their agents) will have to check the status of prospective Ts, and other authorised occupiers, to ensure that those parties have the right to be in the UK.

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Buy-to-let – T’s liability

The CA has extended the liability of an L who rents out a flat in a block, but who is not the freeholder or head lessor. That liability can extend to the common parts even though they are not controlled by L. 

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Right-to-rent – 1 February 2016

The ‘right-to-rent’ rules require Ls to check that Ts have the right to be in the UK before property is rented out to them. After a pilot scheme, the rules are now being rolled out to the whole of England.

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New lettings – summary

 A summary of the current position on new residential tenancies in the private sector:

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Renting – tax

 A reminder of the tax changes planned for residential Ls:

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Service charge – county court judgment?

If there is a county court judgment for the full amount of a service charge, it is too late for the First Tier Tribunal to then consider the question of ‘reasonableness’. This is because the Tribunal’s jurisdiction is excluded by s27A LTA 1985.

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Section 21 – retaliatory eviction

Since 1 October 2015, L cannot serve an s21 notice to obtain possession if T has complained in writing about the condition of the premises or the common parts, and L: (a) did not respond within 14 days, (b) provided an inadequate response, or (c) responded by serving an s21 notice.

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Tenancy deposits – summary

This table summarises the current rules for tenancy deposits (including the changes by Deregulation Act 2015 from 1 October 2015).

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Collective enfranchisement – additional premises

The law on collective enfranchisement is set out in Leasehold Reform, Housing and Urban Development Act 1993. In addition to being able to acquire the freehold of their leasehold properties, there is a right to collectively acquire other property to which ‘T is entitled under its lease to use in common with the occupiers of other premises’ (s1(3)). 

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