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Results for "Air BnB"
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Recovery of costs in the Tribunal: Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
This week’s legal update focuses on the limited jurisdiction of the First Tier Tribunal (FTT) to award costs at the conclusion of litigation. Whilst it is undeniably limited, Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules does permit the FTT to make an order for…
Letting Property - Things to Consider
All flats and some freehold property (particularly those on managed estates) are subject to covenants affecting how the property is to be used and setting other rules in relation to, for example, if, when and to whom the property might be let. It is most important therefore for Property Owners and…
Who is the Accountable Person in a higher risk building?
In the case of Octagon Overseas Limited -v- Mr Sol Unsdorfer from December 2023 , the First Tier Tribunal (“the FTT”) considered an application for a determination on the identity of an “accountable person” for the purposes of the Building Safety Act 2022 (“the Act”). Their decision is important in…
How not to deal with Nuisance!
Most leases and tenancy agreements contain covenants prohibiting leaseholders and tenants from causing a nuisance to neighbouring properties such as a noise disturbances. If a landlord is faced with mounting complaints in relation to a noisy leaseholder or tenant how should they proceed? The London…
Upper Tribunal considers whether flat door is a ‘landlord’s fixture’
We are increasingly being asked by landlords and management companies ‘who owns, and who has responsibility for, flat entrance doors?’, particularly where upgrades to fire compliant doors are required. Whilst the new Fire Safety Bill , which had its second reading in the House of Lords on 01…
What can you do about abandoned vehicles on your development?
Whether it is an obstruction or it simply should not be there, an abandoned vehicle can be the cause of much angst for residents and managers on any development. But what can be done by the landlord, management company or managing agent, particularly where the vehicle is not on the public highway?…
Should Landlords/Managing Agents serve Section 20 Notice on Lessees in breach?
We are commonly asked by our clients and their managing agents, if the Landlord should serve a Section 20 Notice on any Lessee whose arrears (or other non-monetary matter) are currently with legal advisers and are as yet to be concluded. You are probably already aware that if the Landlord fails to…
Holiday lettings - Do I need planning permission?
We all know about AirB&B, Booking.com and the many other providers out there for renting a house or flat for a week or weekend away , and what great inventions they are. However, for those managing estates and blocks of apartments the whole issue of short term lettings use can be something of a…
Changing tack - it does not always work in your favour!
As we all know, any leaseholder can make application under s.27A Landlord & Tenant Act 1985 to the Court or Tribunal for a determination as to whether a service charge is payable. There is, however, a caveat to that provision in the form of s.27A(4)(a) which prevents the application by the…
Alternative Dispute Resolution ("ADR")
In any dispute, it is always important to consider alternative dispute resolution (“ADR”) to attempt to resolve the dispute before rushing into Court or Tribunal action. Even an informal “roundtable meeting” early on in a dispute can save a lot of time, costs and stress if the parties are able to…
Airbnb & Unlawful Lettings
Recent case law has clarified, to some extent, the law in this area and we are seeing a significant increase in cases where clients wish to enforce the covenants relating to such matters. A breach of covenant can arise here not only as a result of the clauses relating specifically to sub-letting…
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…
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