The Practical Lawyer

Landlord and tenant – residential

Section 21 notice – validity?

There is an excellent flow-chart for checking the validity of s21 assured shorthold notices on Nearly Legal’s website. Given the complexity of the topic, it is well worth referring to. 

Subscribers only...

Manager – appointment

If a block of flats is poorly managed, the Ts (or some of them) may think in terms of collective enfranchisement or the right to manage under CLRA 2002. But, that may be a step too far for some of the lessees, in which case the alternative is to consider the appointment of a manager under s24 LTA 1987.
Subscribers only...

Agents – fees

Consumer Rights Act 2015 requires letting agents to publish full details of their fees and charges on both their websites and in their offices. But, it should not be forgotten that there is a separate advertising code (enforced by the Advertising Standards Agency) covering how agents advertise non-optional fees. These are the additional agency fees and other items (eg deposit) that T must pay.
Subscribers only...

Wales – compulsory registration

Compulsory registration and licensing of all residential Ls comes into force in Wales on 23 November 2016. All Ls in Wales must register with Rent Smart Wales and either be licensed themselves, or use a licensed managing agent. Registration costs £33.50; licensing costs £144 (both are for five years).
Subscribers only...

Prescribed information – corporate Ls

The tenancy deposit scheme requires L to serve prescribed information on T. Moreover, there has to be a ‘signed’ certificate confirming that, to the best of their knowledge and belief, the information provided is accurate. The important point here is that the certificate must besigned.
Subscribers only...

Forfeiture – service

Because of the sums involved, and the potential windfall to L, the courts tend to be very strict when applying the rules on service to forfeiture claims:
Subscribers only...

Leases – consumer rights

Consumer Rights Act 2015 has largely replaced the Unfair Terms in Consumer Contracts Regs 1999 (although those continue to apply to any contract entered into before October 2015).

Subscribers only...

Service charge – L’s own breach

Ls of residential premises cannot use the service charge to recover their own costs incurred as a result of their own breach of the lease.

Subscribers only...

Section 8 – new notice

An L who wants to terminate a tenancy on one of the grounds set out in s8 HA 1988 (eg rent arrears or other breach of tenancy) has to serve notice in a prescribed form. Note that a new prescribed form was introduced on 6 April 2016; this got little advance publicity so any T served with such a notice should check that the notice is indeed in the correct form.

Subscribers only...

How to rent – checklist

If you have a client who is planning to rent out a property for the first time then there is a useful and recommended guide on the formalities (How to Rent: checklist for renting in England – on
Subscribers only...

Page 9 of 40

Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...


IAG International
Join the IBA now!
MSI Global Alliance
In House Lawyer