Kevin Lever

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…

The Keeping of Pets

Whether you are finding tenants for landlord clients or managing a development, the issue of pets and whether or not the occupier of a property is able to keep them at the property is becoming a more common question. A response from the owner of a property is often “ I own my flat [or house] so who…

The right to park a car - restrictions on parking in residential developments

We live in an age in which most households have at least one vehicle, if not more, so it is no surprise that parking is one of the most common causes of friction between neighbours. Restrictive covenants controlling parking It is increasingly common for housebuilders to impose restrictions on…

Enforcement of Possession Orders in the High Court

It is often a source of great frustration for landlords having to wait several weeks if not months for an appointment with the County Court bailiff, particularly as it will have taken several months to get to Court and secure a Possession Order in the first place. This is becoming increasingly…

When will landlord’s insurance premiums be “reasonably incurred”?

Insurance premiums payable by residential leaseholders under the terms of a long lease must, like service charges, be “reasonably incurred” under Section 19 of the Landlord and Tenant Act 1985. Leaseholders can challenge insurance premiums which they consider to be unreasonable in amount in the…

Section 21 Notices and Gas Safety Certificates

A very recent decision of the Central London County Court is set to have serious implications for lettings agents and landlords with premises let under Assured Shorthold Tenancy (‘AST’). The Deregulation Act 2015 We are all now too familiar with the requirements introduced by the Deregulation Act…

Leaseholders selling up with 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. In this update, we remind readers of the best approaches to this issue so that…

Enforcement options for unpaid money judgments

Where forfeiture, or the threat of forfeiture, is not available to a client, 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 specific circumstances of each case and,…

Can a Landlord amend a fixed service charge percentage?

NOTE - The content of this Legal Update was the subject of a subsequent appeal to the Supreme Court and, on 8 February 2023, the order of that court was handed down. Whilst the overall outcome of the case was not amended by the Supreme Court it is important to note that the basis of the finding was…

Government ‘How to Rent’ Guide updated 26 June 2018

The Ministry of Housing, Communities and Local Government (formerly the Department for Communities and Local Government) has published a new ‘How to Rent’ Guide with effect from 26 June 2018. The new Guide can be accessed via the following link -…

Section 8 Notices - “Please state your Grounds…”

Using a Section 8 Notice as a means of seeking possession of residential property let on an assured or assured shorthold tenancy is commonly used by landlords, particularly where tenants fall in rent arrears. This is a process that many landlords and agents will be familiar with in terms of…