Results for "repair"

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Clarity for landlords where leases are unclear on who is responsible for certain repairs

A decision of the First-tier Tribunal in August 2023, brought to our attention by Robert Bowker of Tanfield Chambers and to whom we are grateful, relating to a question that is becoming more prevalent now following the introduction of the Building safety Act 2022, will be of interest to you. It…

Minimum Energy Efficiency Standards (MEES)

From 01 April 2018, Landlords have not been able to grant new tenancies if their property has an energyF efficiency rating of less than E due to the MEES unless they were able to satisfy one of the exemptions. Now, as of 01 April 2020, existing tenancies are also included in these standards. This…

Fire Safety Order Bill to improve fire safety

On 19 March 2020, the proposed new Fire Safety Order Bill (“the Bill”) had its first reading in the House of Commons. The Bill will have a second reading, and there may be changes (potentially substantial) to the current version of the Bill, before it is passed as law. At present, no date has been…

Liability for structural defects

Defects in design, installation or construction can lead to significant and costly problems for landlords and leaseholders later on, particularly when it comes to the question of liability for the cost of remedial works. The starting point, as always, is the terms of the lease, which set out what…

The exemptions available under the Minimum Energy Efficiency Standards (MEES)

Last week our Legal Update ( see here ) explained that from 1 April 2020 the MEES scheme applies to all residential tenancies that are assured tenancies, including assured shorthold tenancies and regulated tenancies. We explained that the MEES scheme requires landlords of property that has an…

What you need to know about the Homes (Fitness for Human Habitation) Act 2018

First and foremost, the Act came into force yesterday, the 20 March 2018, and thus hopefully all letting/managing agents and landlords reading this update have some knowledge of the requirements already. Secondly, and of most importance, there is no need to panic even if this article comes as news…

1 June 2020 Roundup - Tenant Fees Act 2019 & Mandatory Electrical Testing

Monday this week not only saw the 1st of June, but also new regulation affecting the private rented sector. Tenant Fees Act 2019 The Tenant Fees Act 2019 (“the Act”) came into force in February 2019 and restricted certain payments being taken from tenants in relation to certain residential…

Building and Fire Safety Round-Up

The last few weeks have seen a number of developments and updates relating to building and fire safety in the residential leasehold sector. This week’s Legal Update contains a ‘round-up’ of those developments. Government confirms EWS1 forms not required for buildings without cladding EWS1 forms…

When does a leaseholder have to pay for improvements?

Carrying out major works on a property or development is often followed by some sort of a disagreement from one or more property owners who have an obligation to contribute to such works. This can lead to a delay in the works starting due to the dispute itself, or because a property owner refuses…

When is an unsatisfactory lease unsatisfactory enough?!

In the recent case of Triplerose Limited -v- Stride [2019] UKUT 0099 (LC), the Upper Tribunal (‘the UT’) allowed a leaseholder’s appeal against the decision of the First-Tier Tribunal (‘the FTT’) to vary a lease where there was a failure to make satisfactory provision for the recovery of service…

Rent Repayment Orders - How much rent?

In our Legal Update sent in January 2020 ( here ), we reported on the Upper Tribunal’s (UT) decision in Goldsbrough v CA Property Management Ltd and others [2019] UKUT 311 (LC). In August this year ( here ), we also reported on Rakusen v Jepson & Ors v Safer Renting (Intervenor) (2021) EWCA Civ…

Dealing with Sinking and Reserve Funds

The difference between sinking and reserve funds is often an area of confusion, and it is a commonly assumed that their description and purpose is virtually interchangeable. Leases invariably contain references to sinking or reserve funds in one form or another, and knowing the difference is of…