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Consultation for Code of Practice for Residential Property Agents

The Royal Institution of Chartered Surveyors and The Property Ombudsman are consulting on a new Draft Code of Practice for Residential Property Agents, which will cover estate agents in the UK and letting and managing agents in England only. It is important to note that the Welsh and Scottish…

Date set for the ban on ground rents (on new or renewed leases)

In our article in February 2022 - The Leasehold Reform (Ground Rent) Act 2022 is finally law but what does it actually mean? - we announced that the Leasehold Reform (Ground Rent) Bill the Bill had received Royal assent on Tuesday 8 February 2022 and was from that date law. We also highlighted…

How to deal with unlawful subletting

When confronted with a case of actual or suspected subletting, it is imperative that the landlord or managing agent is fully aware of the following in order to establish that the subletting is in fact unlawful (that is to say, in breach of the terms of the lease) and therefore whether enforcement…

Anti-Money Laundering Measures for Letting Agents

At the beginning of the year, new measures were introduced for letting agents who manage properties which, individually, yield an income of 10,000 Euros per month or more, to prevent money laundering and comply with customer due diligence checks (CDD). These measures are found in the Money…

Upper Tribunal confirms scope of “cladding remediation” under the Building Safety Act 2022

The issue of unsafe cladding on residential buildings continues to gain significant attention in the UK. The Building Safety Act 2022 (“BSA”) of course brought in protections for qualifying leaseholders such that they would not be required to contribute towards the costs for cladding remediation.…

The costly effect of failure by a landlord to comply with the regulations relating to provisions of the landlord's certificate under the Building Safety Act 2022 - Lehner v Lant Street Management Co Ltd [2024] UKUT 135 (LC)

There has been significant commentary from various respected sources of late following the Upper Tribunal (“UT”) decision in Lehner v Lant St Management Co Ltd [2024] UKUT 135 (LC) and so it seems timely to add to our earlier report on this case from June of this year - see here Compliant Service…

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…

Can you charge a fee to the leaseholder for drafting and serving demands?

In March of this year we reported on the decision of the Upper Tribunal (“UT”) in Stampfer -v- Avon Ground Rents Limited [2022] UKUT 68 (LC ) in which the UT overturned a finding of the FTT that a landlord could charge an administration fee of £30 plus VAT for serving a rent demand notice pursuant…