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Appealing a decision of the FTT
As with any adversarial process, in most disputes handled by the First-Tier Tribunal (“FTT”), there will inevitably be one party (often, but not always, the ‘unsuccessful’ party) who is aggrieved by the outcome reached by the FTT. However, the circumstances in which the decision of the FTT can be…
How not to behave! - Unlawful eviction.
Whilst the following case of Wu v Chelmsford City Council (2023) EWCA Crim 338 should be a fairly obvious prime example of how NOT to behave as the landlord of a tenanted property, it is distressing how many times this sort of thing does occur or would occur, if some landlords carried through their…
Minimum Energy Efficiency Standards (MEES)
From 01 April 2018, Landlords have not been able to grant new tenancies if their property has an energyF efficiency rating of less than E due to the MEES unless they were able to satisfy one of the exemptions. Now, as of 01 April 2020, existing tenancies are also included in these standards. This…
The importance of appointing the right Manager
The Landlord and Tenant Act 1987, provides that residential long leaseholders may apply to the First-Tier Tribunal (“FTT”) for the appointment of a Manager in place of the Freeholder or other Manager. The application needs to show default on the part of the Freeholder or other Manager. Where the…
Rent Repayment Orders - How much rent?
In our Legal Update sent in January 2020 ( here ), we reported on the Upper Tribunal’s (UT) decision in Goldsbrough v CA Property Management Ltd and others [2019] UKUT 311 (LC). In August this year ( here ), we also reported on Rakusen v Jepson & Ors v Safer Renting (Intervenor) (2021) EWCA Civ…
Fire Safety Order Bill to improve fire safety
On 19 March 2020, the proposed new Fire Safety Order Bill (“the Bill”) had its first reading in the House of Commons. The Bill will have a second reading, and there may be changes (potentially substantial) to the current version of the Bill, before it is passed as law. At present, no date has been…
Ground rents to be banned for new residential leases
The government has just provided a fairly detailed indication of what steps it is to take to approach, what it sees, as unfair practices relating to rents on leasehold property and the sale of leasehold houses. Ground rents will be restricted to a peppercorn in future leases and new long leases of…
Do you need to re-consult if you change contractor midway through major works?
It is, sadly, all too common that major works projects change once commenced or, as in the case in this Legal Update, the chosen contractor goes off job and a new contractor needs to be found to finish the job. In such circumstances do you need to re-consult? This question was considered in the…
A door might be a door or ajar but who does it belong to?
The Court of Appeal has recently considered the Upper Tribunal decision from last year in Marlborough Knightsbridge Management Ltd v Fivaz: [2021] EWCA Civ 989 on the question of whether a front entrance door to a leasehold flat is a ‘landlord’s fixture’ or something else. This was the Landlord’s…
Guarantees - How long do they last?
What does an article about guarantees have to do with some soggy looking sheep in a boggy field you ask? Read on and all will become clear. You will have all experienced, at least once, that conversation with an enraged, or perhaps slightly righteous, guarantor who explains to you that he/she…
How to vary a residential lease
Drafting errors are, unfortunately, commonplace in residential long leases. These could arise as a result of poor forward planning on the part of the lawyer drafting the lease, or simply by reason of human error. A change in circumstances could also mean that the provisions made under the lease are…
The exemptions available under the Minimum Energy Efficiency Standards (MEES)
Last week our Legal Update ( see here ) explained that from 1 April 2020 the MEES scheme applies to all residential tenancies that are assured tenancies, including assured shorthold tenancies and regulated tenancies. We explained that the MEES scheme requires landlords of property that has an…
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