Results for "Section 47"

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Section 47 and 48: What it really requires and does your notice contain the correct address?

The requirement to provide a landlord’s name and address on legal notices such as demands and tenancy agreements is potentially a contentious issue for property managing agents and letting agents. The two main provisions that deal with this area are sections 47 and 48 of Landlord and Tenant Act…

Section 47 and 48: What it really requires?

We receive a constant stream of requests for advice on what is actually required in s.47 and s.48 notices and who is liable to provide them, when, what addresses count etc. So, to assist, we have set out here a round up of previous Legal Updates on the topic and what we hope is a helpful guide as…

What do you need to do to comply with Section 47 LTA 1987?

In our Legal Update sent back in April 2018 (see here) , we covered the requirements of Sections 47 and 48 of the Tenant Act 1987 (“LTA 1987”). Since then, and as recent as 11 July 2019, what is required has been further debated and clarity provided by the Upper Tribunal (Lands Chamber) in the case…

Be prepared to ensure that relevant building safety information forms part of a service charge demand for higher risk buildings

This week’s Legal Update comes in response to a number of queries we have received from managing agents seeking guidance on the requirement to ensure that relevant building safety information forms part of a service charge demand for higher risk buildings.Whilst we shall address the topic here, for…

Section 8 Notices - To include, or not to include, the Landlord’s name and address?

Today we focus on Prempeh v Lakhany [2020] EWCA Civ 1422 , a case where the Court of Appeal held that a notice seeking possession under section 8 of the Housing Act 1988, does not have to give the Landlord's name and address, provided that it states the agent's name and address. The issue was…

Compliant Service Charge demands and the protections of the Building Safety Act 2022

In the recent case of Lehner v Lant St Management Co Ltd [2024] UKUT 135 (LC) , two significant clarifications were provided by the Upper Tribunal (UT) in relation to (a frankly obvious point on) what constitutes a valid service charge demand and a far more detailed look at the approach that should…

Warning - The risks of not providing your landlord with your alternative address for service

When a leaseholder fails to pay their service charges in accordance with the lease, the landlord is entitled to forfeit the lease, subject to carrying out various steps before they are lawfully able to re-enter the property. Due to the number of legal hoops that a landlord must jump through before…

Court of Appeal confirms contractually valid demand required for Section 20B

The Court of Appeal has recently considered the correct interpretation of Section 20B of the Landlord and Tenant Act 1985, ‘the 18 month rule’, in the long-running saga between No. 1 West India Quay (Residential) Limited -v- East Tower Apartments Limited . Background The dispute concerns the…

Government ban on combustible materials for high-rise residential homes

Over six months after Dame Judith Hackitt concluded her review on Building Regulations and Fire Safety in the wake of the Grenfell Tower tragedy, Regulations have been introduced by the Government to ban combustible cladding for certain high-rise residential buildings. What premises do the…

The burden of proof when charging Insurance premiums under the service charge - is it really that important?

In this Legal Update, we examine the case of Octagon Overseas Ltd and another v Cantlay and others [2024] UKUT 72 (LC) and the somewhat thorny subject of whether Leaseholders are liable to pay as a service charge a premium for insurance that includes an element of commission payable to the Landlord…

Limitation on recovery of service charges - “The 18 Month Rule”

Despite the serious consequences for landlords and management companies, including limitations on recovering service charges from residential leaseholders, “the 18 month rule” appears to be one of the least understood provisions amongst landlords, management companies and managing agents. In this…

Getting your service charge demands right

It is a source of immense frustration for landlords, RMCs or RTM companies to be told that, because of some defect with the demands issued to a leaseholder, action cannot be taken to enforce a demand and recover payment from a defaulting leaseholder. This Legal Update is intended as an aide-mémoire…