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Law Commission Report on Leasehold Ownership
This week’s Legal Update looks at the (not so) bed time reading that is the 640 page Law Commission Report snappily titled “ Reinvigorating commonhold : the alternative to leasehold ownership” which was published at the end of July 2020. The full report can be found here As will be no surprise from…
Further £3.5bn made available by Government for remediation of unsafe cladding
Last week, the Government announced a ‘ 5-point plan ’ backed with £3.5bn of funding, said “ to bring an end to unsafe cladding ”. The plan includes :- Government funding for the removal of unsafe cladding for leaseholders in ALL residential buildings 18 metres and over (6 storeys) in England; A…
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…
Replies to pre-contract enquiries - when does “buyer beware” become “seller beware”?
One of the critical stages in buying or leasing property is the raising of pre-contract enquiries. The underlying principle in all property transactions is “ caveat emptor ” - buyer beware - and it is for this reason that a buyer will want to make as many enquiries of their seller or landlord…
Court of Appeal confirms Upper Tribunal’s decision on the reasonableness of service charges where payment is due from a third party
This time last year, we reported on the Upper Tribunal’s decision in Avon Ground Rents -v- Cowley and others [2018] UKUT 92 (LC) ( see here ). In that case, the UT found that the residential leaseholders were not required to make any contribution towards the costs of remedial works, as the NHBC was…
Do service charge accounts need to be certified?
In this week’s Legal Update we look at whether landlords and their agents should arrange for an accountant, independent or otherwise, to certify or audit a service charge account. The current standard (which must be followed by any RICS or ARMA member agent of landlord) is set within the following…
Dispensation and Section 20C Costs
In this Legal Update we focus on two cases that have a bearing on when dispensation might occur and how section 20C might adversely affect a landlord generally and in relation to even a successful dispensation claim. Dispensation - Aster Communities v Chapman and others [2020] UKUT 177 (LC) Where a…
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…
Further delays to evictions expected as country goes into second lockdown
On 21 October 2020, the Lord Chancellor, The Right Honourable Robert Buckland QC MP, requested that no evictions take place in parts of the country affected by the Tier 2 and Tier 3 restrictions. It was therefore inevitable that the request would extend to Tier 1 areas in the event of a further…
Paws for thought! Jasmine’s Law, pet clause changes to the Model Tenancy Agreement and pet consent in longer leases.
It is presently estimated that there are over 20 million dogs and cats in the UK. Given the number of people renting on short term lets, there is an increasing demand for pet-friendly tenancies. Further, longer term leases also have their issues for pet owners, mainly where there is an absolute…
Quiet Enjoyment - What does it mean?
Most leases will contain an express covenant by the landlord to provide Quiet Enjoyment . Where such a provision is not expressed it is in any event implied into the lease. There is a related obligation on a landlord not to Derogate from Grant and, although it is rare to find an express provision…
What do you do with abandoned belongings?
Whether it is a flat full of a recently departed tenant’s detritus or the bike or baby buggy left in a communal hallway, this is an issue frequently seen and often dealt with badly. It is a mistaken belief, for instance, that any belongings left behind become the property of the party who owns the…
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