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The Leasehold Reform (Ground Rent) Act 2022 is finally law but what does it actually mean?
Following on from our December 2021 Legal Update on the progress of the Leasehold Reform (Ground Rent) Bill the Bill received Royal assent on Tuesday 8 February 2022 and is now law. That said Regulations will now need to be made by the Secretary of State before most of the provisions of the Act…
Where the service charge provisions don’t add up to 100% - What to do?
In this Legal Update, we look at an issue concerning the variation of residential long leases previously covered by my colleague here in 2018. More specifically, we will be discussing what options are available to a landlord, management company or leaseholder when faced with a situation whereby the…
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…
1 June 2020 Roundup - Tenant Fees Act 2019 & Mandatory Electrical Testing
Monday this week not only saw the 1st of June, but also new regulation affecting the private rented sector. Tenant Fees Act 2019 The Tenant Fees Act 2019 (“the Act”) came into force in February 2019 and restricted certain payments being taken from tenants in relation to certain residential…
Restrictions on serving Section 21 Notices - Re-visited
We first published a Legal Update outlining the legislative restrictions on serving Section 21 notices seeking possession of residential properties let on Assured Shorthold Tenancies (ASTs) back in June 2019. We therefore thought it apt to provide an updated version of that Legal Update to you now,…
Service of demands
Today we focus on the recently appealed case of 38/41 CHG Residents Company Ltd v Hyslop [2020]UKUT 21 (LC), an interesting case concerned with whether a leaseholder’s bare denial of receiving service charge demands is enough to avoid liability for service charges. Background The appellant (the…
Wrong payment date can invalidate service charge demands!
In this week’s Legal Update we look at how crucial it is to ensure that service charge demands strictly comply with the lease to ensure their validity. The recent case of H Stain Limited V Carol Richmond [2021] UKUT 0066 (LC) found that a service charge demand issued to a residential leaseholder…
Is demanding ground rent the same as collecting ground rent?
Earlier this month, the Upper Tribunal considered an interesting point of lease construction on this slightly unusual question, in the case of Stampfer -v- Avon Ground Rents Limited [2022] UKUT 68 (LC ). Background Mr Stampfer was the long-leaseholder of Flat 12, 6 Trinity Mews, London E1. The…
Lifting restrictive covenants
In March 2018, we gave details of how restrictive covenants affecting developments could be lifted or modified by application to the Upper Tribunal (“UT”) ( see the article here ), specifically in the context of covenants prohibiting the parking of commercial vehicles. Whilst little used, the…
Tenancy rights of succession
In certain circumstances, a right to succeed (or inherit) a tenancy will exist in the event of a tenant’s death. This will apply even in the case of a modern Assured Shorthold Tenancy as well as ‘older’ forms of tenancy. Whether a right of succession will exist, what the conditions are and what…
If the specification changes on a major works project - when do you have to re-consult?
This is a frequent issue. A landlord or management company embarks upon a course of works, having undergone the statutory consultation procedure, to discover once the works have commenced that the specification will need to change and, often, the costs increased from those initially consulted upon.…
Orders for Sale
Where forfeiture, or the threat of forfeiture, is not available to a creditor owed money by a property owner, there are a number of other options to consider when trying to enforce payment where a debtor has failed to pay a money judgment. The most appropriate option will depend on the very…
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