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Reasonableness of advance service charges when payment due from third party
Section 19 (1) (a) of the Landlord and Tenant Act 1985 (LTA 1985) states that service charges are payable “ only to the extent that they are reasonably incurred ”. This means that a Landlord should take steps to ensure that costs incurred are on items reasonably required and then only at a level…
Government releases the consultation paper on the demise of Section 21
The idea was of course announced in April of this year and covered in our Legal Update of that month ( see here ). The Government plan was to consult on the abolition of the ‘no-fault’ possession right under section 21 of the Housing Act 1988 in both England and Wales. This week saw the release of…
To enforce or not to enforce? - That is a valid question
Well, here we all are, three months into lockdown and, with some clear relief, the slow release from isolation seems to be coming our way - and just in time for the summer too. What could be better? Given that lockdown started shortly before the March Quarter Day and we have just passed the June…
Common sense and ‘refusal’ to provide access
Common sense is a funny thing as it is always more obvious to see in hindsight. The following case is probably a prime example of exactly that, and we highlight it here as it relates to a fairly common problem of the need to obtain access to a lessee’s flat for the purposes of inspecting. The case…
When should you demand for major works costs?
As you will no doubt know, major works projects to a development will, in many cases, amount to ‘Qualifying Works’ as defined under section 20 Landlord and Tenant Act 1985 (“S.20”) and thus be subject to the need for compliance with the S.20 consultation process prior to their commencement. The…
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…
AirBnB Lettings - Permitted or Not?
As the presence of AirBnB and other similar short term letting agencies continue to grow rapidly across the country and specifically in London, we are being asked this question on a very regular basis. So, can the owner of a flat let it on short term agreements throughout the year without being in…
Legal Costs in the FTT - Unpleasant surprises
The Legal Update this week relates to an interesting case that came before the Upper Tribunal on appeal and was ruled upon just a few weeks ago, on 10 September. It serves to highlight the fragility of the ability to recover costs in the Tribunal and the extent of the limitations imposed in respect…
Ashford Borough Council ordered to pay over £40,000 for unlawful eviction
Last month we reminded readers of the risks and sanctions for landlords taking possession of premises assumed to be abandoned without following the proper legal channels - see here . This has proved somewhat timely, with news that Ashford Borough Council was hauled across the coals at Canterbury…
Relief from forfeiture refused
We have recently seen yet another example of forfeiture being a viable and successful remedy available to Landlords when necessary, so it is right to say that Landlords need not be fearful of this course of action where a leaseholder is in breach of the terms of their lease. Whilst action should be…
Errors on notices - When a typo is more than a mere typo
Whilst we would all like to think that we have wonderful checking processes when drafting notices, occasionally an error will slip through, usually a typo. The effect of that error can range from nothing at all, mildly embarrassing, to downright expensive. The subject of this update, Captain Pease,…
Replacement of flammable cladding - who bears the cost of fire safety?
After the tragic events of the Grenfell Tower fire in the early hours of 14 June 2017, fire safety and in particular the issue of dangerous cladding has dominated headlines and, quite rightly, become a serious concern for owners, landlords, managing agents and not least tenants or occupiers of…
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