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Section 47 and 48: What it really requires and does your notice contain the correct address?

The requirement to provide a landlord’s name and address on legal notices such as demands and tenancy agreements is potentially a contentious issue for property managing agents and letting agents. The two main provisions that deal with this area are sections 47 and 48 of Landlord and Tenant Act…

How to deal with abandoned premises

Generally a tenant of residential premises is entitled to spend some periods of time away from the premises, and the tenancy will not necessarily end simply because the tenant is not living there. If a tenant has abandoned the premises, the landlord may accept this as an implied ‘surrender’ of the…

Leaseholders selling up with unpaid service charges

It is a common misconception that any arrears owing at the point of the sale of a flat will pass to the incoming leaseholder. This view is incorrect and can present landlords with a debt that may be difficult to recover. In this update, we remind readers of the best approaches to this issue so that…

You really must do what the lease says. No, really, you must!

The Upper Tribunal concluded in the last few weeks an appeal from the FTT in the matter of Powell & Co Investments Ltd v Aleksandrova [2021] UKUT 10 (LC) . This is an interesting case, and another reminder of the need for a landlord or managing agent to be careful in their reading of the lease and…

The right to park a car - restrictions on parking in residential developments

We live in an age in which most households have at least one vehicle, if not more, so it is no surprise that parking is one of the most common causes of friction between neighbours. Restrictive covenants controlling parking It is increasingly common for housebuilders to impose restrictions on…

Dealing with complaints of noise nuisance

Whether dealing with leasehold or tenanted properties, complaints of noise nuisance from neighbours present a number of difficulties for landlords, management companies and their agents. As well as the evidential burden to prove a breach of the lease or tenancy agreement has occurred, consideration…

Replacement of flammable cladding - who bears the cost of fire safety?

After the tragic events of the Grenfell Tower fire in the early hours of 14 June 2017, fire safety and in particular the issue of dangerous cladding has dominated headlines and, quite rightly, become a serious concern for owners, landlords, managing agents and not least tenants or occupiers of…

Common sense and ‘refusal’ to provide access

Common sense is a funny thing as it is always more obvious to see in hindsight. The following case is probably a prime example of exactly that, and we highlight it here as it relates to a fairly common problem of the need to obtain access to a lessee’s flat for the purposes of inspecting. The case…