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Lifting restrictive covenants

In March 2018, we gave details of how restrictive covenants affecting developments could be lifted or modified by application to the Upper Tribunal (“UT”) ( see the article here ), specifically in the context of covenants prohibiting the parking of commercial vehicles. Whilst little used, the…

Injunctions - A Remedy for Breach of Covenant

For the most part, when dealing with breaches of leasehold covenants, the ultimate remedy that will be pursued if available to the landlord will be forfeiture of the lease. The draconian consequences of forfeiture mean that it is a most powerful remedy to force compliance by the defaulting…

Restrictions on serving Section 21 Notices

In recent years, we have seen a plethora of regulation over residential lettings, in particular Assured Shorthold Tenancies (ASTs), many of which restrict a landlord’s ability to serve and rely on a Section 21 notice to seek possession of its property on non-fault grounds. The purpose of this…

Who is your client?

This may sound like an odd question because, of course, you know who your client is as you will have undertaken due diligence checks upon receipt of instructions. However, despite that, it is always surprising how often we are asked by agents and clients to pursue defaulting lessees and upon…

Part 36 - the Sequel - Telefónica UK Ltd v Office of Communications

Those who are regular recipients of our Legal Updates will recall that the making of settlement offers, in particular Part 36 offers to settle, are often something that should be considered when conducting litigation on many sorts of disputes. A Part 36 offer is a tactical form of offer to settle…

Offers to settle - to Part 36 offer or not Part 36 offer, that is the question

Here at KDL Law, we pride ourselves in trying to secure a positive outcome for our clients at the earliest stage possible, at the least cost and hidden time to you. In the majority of cases, that will be the outcome. But, in some cases, that does not prove possible, despite our best efforts. Whilst…

Well what a year 2020 was!

We think it is safe to say that all of us will remember 2020, some of us not so fondly and others just as something to try and forget! But we have now (nearly) reached the end of the year and so it is probably a good opportunity to have a brief look back at some of the very important Legal Updates…

How to deal with unlawful subletting

When confronted with a case of actual or suspected subletting, it is imperative that the landlord or managing agent is fully aware of the following in order to establish that the subletting is in fact unlawful (that is to say, in breach of the terms of the lease) and therefore whether enforcement…

Paws for thought! Jasmine’s Law, pet clause changes to the Model Tenancy Agreement and pet consent in longer leases.

It is presently estimated that there are over 20 million dogs and cats in the UK. Given the number of people renting on short term lets, there is an increasing demand for pet-friendly tenancies. Further, longer term leases also have their issues for pet owners, mainly where there is an absolute…

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…

Recovery of costs in the Tribunal: Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

This week’s legal update focuses on the limited jurisdiction of the First Tier Tribunal (FTT) to award costs at the conclusion of litigation. Whilst it is undeniably limited, Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules does permit the FTT to make an order for…

Coronavirus Act 2020 - What it really means for residential tenants

The Coronavirus Act 2020 (“the Act”) received Royal Assent on Wednesday, 25 March 2020 and introduced a swath of new measures to handle the COVID-19 coronavirus pandemic. This was intended to include the protections for residential tenants affected by coronavirus as pledged by the Ministry of…