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“But it wasn’t my fault!” - Can you pass on to your subtenant blame for breaches of the lease?
In this Legal Update we look at the question of blame and responsibility. The case in question is Dorrington Residential Limited v 56 Clifton Gardens Limited which came before the Upper Tribunal on appeal from the FTT and was decided just last week. It is a relatively simple case/(and common)…
Smoke and Carbon Monoxide Alarms - Landlord’s duties extended from 01 October 2022
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (“the 2022 Regulations”) impose duties on landlords of residential premises in England in respect of smoke and carbon monoxide alarms. The 2022 Regulations update the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (“the…
Legal and practical considerations where directors are not enforcing the terms of the lease
Whether you are a managing agent or leaseholder, from time to time you may come across a situation where the directors of the landlord, RTM company or RMC are not (or give the impression they are not) taking sufficient action in respect of a breach by another leaseholder in the block or…
First substantive Judgment regarding Fire Safety post Grenfell
The first substantive judgment relating to cladding installation since the Grenfell disaster was handed down last month by the High Court of Justice Technology and Construction Court. Whist this case turned on its own very specific facts it will be of interest to those in the landlord and tenant…
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…
The end for Section 21 and ‘no-fault’ evictions?
This week the Government published radical reforms to the residential letting sector in its response to the 2018 consultation ‘Overcoming the Barriers to Longer Tenancies in the Private Rental Sector’. The proposals Dubbed as the “ biggest change to the private rental sector for a generation ”, the…
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…
Self help - make sure that you deal with it correctly or you may fail to recover what you spend!
The case we are looking at in this Legal Update is Thirty One Crescent Grove Ltd v Atherden [2024] UKUT 80 (LC) a case that we have looked at previously on a different point ( see here ). 31 Crescent Grove is a block of 6 flats in a converted house and the leaseholders were all shareholders in the…
To consent or not to consent, that is the question … (Part Two)
In January 2019 ( here ) we reported on the Court of Appeal’s decision in the case of Duval v 11-13 Randolph Crescent Limited [2018] EWCA Civ 2298 , which caused ripples throughout the leasehold sector, with serious implications for landlords concerning the issue of consents. That decision was…
Section 20 Series (Part 3) - Major Works under a Qualifying Long Term Agreement
This Legal Update is the third and final in our Section 20 series, providing a summary of the statutory consultation requirements in relation to Major Works carried out under a Qualifying Long Term Agreement (“QLTA”) . It is concerned with landlords, RMCs and RTM companies in the private sector,…
Dispensation from Major Works Section 20 consultation
In our April 2019 Legal Update “ Should Landlords/Managing Agents serve Section 20 Notice on Lessees in breach?”( see here ), we gave information on whether Landlords should serve a Section 20 Notice on any Leaseholder who was in breach of the terms of their lease, be that for unpaid charges or…
Interim demands and legal costs recovery
This week we focus on a Court of Appeal decision from November 2021 which deals with three points that will affect most landlords/RMCs or RTMs. The three points were as follows: Can interim demands be subject to time limits such that recovery is prevented until the end of the financial period if…
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