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COVID-19 Coronavirus - Government support for tenants and landlords

Even in just the last week, the impact of the COVID-19 coronavirus pandemic has been devastating. Figures published yesterday indicate that 104 people in the UK have died from the virus, with 2,626 reported as infected. This of course does not include those who have symptoms but have not been…

Forfeiture is real and the Court will grant it!

Forfeiture is probably the most powerful and important remedy available to a landlord. Despite that, we find for the large part that many landlords and agents we work with don’t think that forfeiture is attainable or a real option where a residential leaseholder has breached the terms of their…

Letting Property - Things to Consider

All flats and some freehold property (particularly those on managed estates) are subject to covenants affecting how the property is to be used and setting other rules in relation to, for example, if, when and to whom the property might be let. It is most important therefore for Property Owners and…

Liability for structural defects

Defects in design, installation or construction can lead to significant and costly problems for landlords and leaseholders later on, particularly when it comes to the question of liability for the cost of remedial works. The starting point, as always, is the terms of the lease, which set out what…

How to deal with abandoned premises

Generally a tenant of residential premises is entitled to spend some periods of time away from the premises, and the tenancy will not necessarily end simply because the tenant is not living there. If a tenant has abandoned the premises, the landlord may accept this as an implied ‘surrender’ of the…

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.…

When is an unsatisfactory lease unsatisfactory enough?!

In the recent case of Triplerose Limited -v- Stride [2019] UKUT 0099 (LC), the Upper Tribunal (‘the UT’) allowed a leaseholder’s appeal against the decision of the First-Tier Tribunal (‘the FTT’) to vary a lease where there was a failure to make satisfactory provision for the recovery of service…

Dealing with complaints of noise nuisance

Whether dealing with leasehold or tenanted properties, complaints of noise nuisance from neighbours present a number of difficulties for landlords, management companies and their agents. As well as the evidential burden to prove a breach of the lease or tenancy agreement has occurred, consideration…

A Sense of Déjà Vu?! Another new ‘How to Rent’ Guide published 09 July 2018

On Monday 09 June 2018, the Ministry of Housing, Communities and Local Government (MHCLG) published yet another update to the ‘How to Rent’ Guide to be given to Assured Shorthold tenants. The new Guide can be accessed here at the gov.uk website. The new Guide corrects the title of the most recently…

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…

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…

Dealing with Sinking and Reserve Funds

The difference between sinking and reserve funds is often an area of confusion, and it is a commonly assumed that their description and purpose is virtually interchangeable. Leases invariably contain references to sinking or reserve funds in one form or another, and knowing the difference is of…


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