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Leaseholders who wish to sell but who have unpaid service charges
It is a common misconception that any arrears owing at the point of the sale of a flat will pass to the incoming leaseholder. This view is incorrect and can present landlords with a debt that may be difficult to recover, once the outgoing leaseholder has moved on. In this update we remind readers…
Increasing rents under Assured and Assured Shorthold Tenancies
The insecure nature of the modern residential letting is such that, for the most part, the landlord “holds all the cards” when it comes to the rent payable by their tenants. Should the tenant be unable or unwilling to agree a rent increase, either within the existing assured shorthold tenancy…
Is a further ban on evictions on the cards?
Perhaps not entirely unexpectedly we saw, yesterday (10 September 2020), an announcement from the Government of further delays in the ability to obtain possession of property from tenants. The Ministry of Housing, Communities and Local Government announced yesterday afternoon that County Court…
Commonholds
As the Law Commission announced the opening of its consultation ‘ Reinvigorating Commonhold: the alternative to leasehold ownership ’ shortly before Christmas (responses due by 10 March 2019), it is timely for us to look at commonhold as a form of property ownership in this week’s Legal Update.…
Request for the Register of Members - is it a for a ‘proper purpose’?
This week’s Legal Update looks at the case of Houldsworth Village Management Company Limited -v- Barton [2020] EWCA Civ 980, which is not strictly concerned with a landlord and tenant issue but a company law issue in the context of a RMC. Although at KDL Law we are not expert in company law issues…
The Building Safety Bill has now been passed, but what does it actually mean for landlords and leaseholders?
14 June 2022 will mark the fifth anniversary of the Grenfell fire disaster that claimed 72 lives and has quite properly resulted in huge changes to the residential property sector. The fifth anniversary of Grenfell was a key date for the Government who had wished to see that that date did not pass…
Danger! Mandatory electrical testing for all Assured Shorthold Tenancies from 01 April 2021
Electrical testing requirements were introduced for new Assured Shorthold Tenancies (ASTs), from 01 June 2020 . The lead in time for existing ASTs is about to finish, and, from 01 April 2021, all ASTs, both new and existing, will be subject to the catchily titled Electrical Safety Standards in the…
When leaseholders are in breach - some Do’s and Don’ts
When a leaseholder is in breach of the terms of a lease and your client wishes to enforce the lease terms, it is likely that your client will wish to do so with reliance upon the landlord’s right of forfeiture. The reason for this is twofold:- Commonly, the client’s ability under the contract (the…
Settling the law on right to manage claims for shared estates - FirstPort Property Services v Settlers Court RTM Company Ltd
2022 has started off with a hugely important decision and some much welcomed clarity from the Supreme Court on the issue of right to manage claims in the context of shared estates. The right to manage , introduced by the Commonhold and Leasehold Reform Act 2002 (“the Act”), was not intended to be…
Everything You Always Wanted to Know About Service Charges During Coronavirus* (*But Were Afraid to Ask)
We are now officially 6 months into this interesting period that is 2020. We are all adorning face masks to leave the house, anti bac spray is now a staple in most bags or pockets, we give a wide berth to people walking toward us down the street and we haven’t shaken anyone’s hand for what seems…
Courts Practice Direction 55C for possession claims extended
Last Friday afternoon, 29 January 2021, saw the extension of the current Practice Direction in the Civil Procedure Rules (CPR) relating to possession claims and COVID-19. PD55C was introduced back in August 2020, as part of the reaction to the pandemic, and came into effect formally on 20 September…
The Tenant Fees Act 2019
As many of you know, the Tenant Fees Act 2019 (“the Act”) came into force on 12 February 2019 and has introduced a number of radical changes to residential lettings including limits on administration fees that can be charged and deposits that can be taken from tenants in relation to tenancies…
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