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The deeper perils of waiver!

Whilst forfeiture is a useful and effective remedy for Landlords, it is vital for Landlords and their agents to ensure that, once they are aware of a breach, they do nothing that might inadvertently waive the right to forfeit for it. Waiver can occur when the Landlord (or their agent) undertakes…

Should Landlords/Managing Agents serve Section 20 Notice on Lessees in breach?

We are commonly asked by our clients and their managing agents, if the Landlord should serve a Section 20 Notice on any Lessee whose arrears (or other non-monetary matter) are currently with legal advisers and are as yet to be concluded. You are probably already aware that if the Landlord fails to…

Service Charge Arrears - Can and should you take steps to recover unpaid charges in light of Coronavirus? - An update.

We set out in our last Legal Update (which can be viewed here) our thoughts on the proposed legislative changes and whether these affected how you, as Landlords, Management Companies and Managing Agents, manage the funding of your developments and specifically whether you were prevented from…

Ground rents to be banned for new residential leases

The government has just provided a fairly detailed indication of what steps it is to take to approach, what it sees, as unfair practices relating to rents on leasehold property and the sale of leasehold houses. Ground rents will be restricted to a peppercorn in future leases and new long leases of…

When three times the deposit isn’t just three times…

It is common knowledge that a deposit taken in connection with an assured shorthold tenancy (‘AST’) must be protected with a Government approved scheme within the prescribed timescales, and that the full prescribed information has to be given to the tenant also within the prescribed timescales.…

Does an incorrect demand amount to an invalid demand?

Often a leaseholder will take the view that an incorrect demand must be invalid without further discussion and whilst steps to address the issues are perhaps relatively simple in most cases (and thereby avoid the need to litigate), sometimes the matter is not so straightforward. So where do you…

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…

Exercising the Right to Manage

Qualifying for the Right to Manage In order to qualify for the right to manage, the premises must :- be a self-contained building or part of a building, with or without appurtenant property; contain two or more flats held by qualifying tenants (e.g. those with leases originally granted for more…

The end for Section 21 and ‘no-fault’ evictions?

This week the Government published radical reforms to the residential letting sector in its response to the 2018 consultation ‘Overcoming the Barriers to Longer Tenancies in the Private Rental Sector’. The proposals Dubbed as the “ biggest change to the private rental sector for a generation ”, the…

Landlord of unlawful HMO ordered to pay back over £500k!

In this week’s Legal Update we look at the potential devastating effects of getting things rather badly wrong in relation to the letting of a property and the attitude of the Court towards a landlord who makes that mistake (the title might be a bit of a giveaway as to the ending here!). What is a…

Is demanding ground rent the same as collecting ground rent?

Earlier this month, the Upper Tribunal considered an interesting point of lease construction on this slightly unusual question, in the case of Stampfer -v- Avon Ground Rents Limited [2022] UKUT 68 (LC ). Background Mr Stampfer was the long-leaseholder of Flat 12, 6 Trinity Mews, London E1. The…

Consultation for Code of Practice for Residential Property Agents

The Royal Institution of Chartered Surveyors and The Property Ombudsman are consulting on a new Draft Code of Practice for Residential Property Agents, which will cover estate agents in the UK and letting and managing agents in England only. It is important to note that the Welsh and Scottish…