Repairing obligations are often not taken very seriously by Landlords. This is a huge mistake which can result in courts awarding tenants damages for the disrepair, which in more serious cases can virtually eliminate a tenant’s rent arrears and make recovery of possession under section 8 all but impossible. The repairing obligation applies where the …
Back to Basics – Landlord’s repairing obligations Read More »
In Stodday Land Limited and Ripway Properties Limited v William Marsland, the High Court held that a Notice to Quit was invalid because it was served before the purchaser became the registered owner of the property. Stodday sold most of its land to a new owner on 19 June 2013. The registration of the new …
In Timothy Taylor Ltd v Mayfair House Corporation 2016, the High Court awarded a Tenant damages after deciding that the Tenant’s right to quiet enjoyment of the property had been breached by the Landlord. The Tenant ran a top-end art gallery in Mayfair, London. The commercial lease contained an express covenant by the Landlord permitting …
Our next Seminar will take place on Thursday 10th November 2016 at Holiday Inn Peartree Roundabout, Woodstock Rd, Oxford OX2 8JD. The event will start with registration and lunch from 1pm and run from 2pm to 5:00pm. Topics to be covered include the following: • Right to Rent and Immigration Act 2016; • Deregulation Act …
At the Conservative Party conference, the Home Secretary, Amber Rudd, announced that the provisions of the Immigration Act 2016 would be brought into force this December 2016. We have previously written about the Immigration Act 2016 and the new changes it brings. In summary this Act supplements the Right to Rent provisions in the Immigration …
Many of you will have come across tenants sub-letting via AirBnB or similar. For many owners of long leasehold flats this has caused huge problems with managing agents alleging that such lettings are in breach of the lease. Freeholders and their managing agents have then pursued the Flat owner for breach of lease and claimed …
The Bank of England watchdog, the Prudential Regulation Authority are introducing new lending rules from January 2017 which may make it much more difficult to obtain a loan for buy to let properties. When applying for loans, Landlords must prove that the rent and their other income will be sufficient to meet the mortgage payments. …
If parties have contractually agreed on the mechanism to be adopted for increasing the rent, they cannot also make use of the statutory provisions in Section 13 of the Housing Act 1988 for increasing the rent. In Chouhan and Thomas v The Earl’s High School, the Upper Tribunal agreed with the First Tier Tribunal that …
Section 13 Rent Increases and Contractual Provisions Read More »
Our next Seminar will take place on Thursday 10th November 2016 at Holiday Inn Peartree Roundabout, Woodstock Rd, Oxford OX2 8JD. The event will start with registration and lunch from 1pm and run from 2pm to 5:00pm. Topics to be covered include the following: • Right to Rent and Immigration Act 2016; • Deregulation Act …
In 1924 the High Court held that an option to renew had to give way to an break clause which contain an option to determine a tenancy. This case appears to reflect the current state of the law. Case In Stewart v Massett, a lease was granted for a term of 21 years from 25 …
Back to Basics – Option to renew and option to determine Read More »
Tenancy Deposit Schemes There are three deposit protection schemes in England and Wales. All three of them offer both a custodial and an insured scheme: • Deposit Protection Service (‘TDS’); • Tenancy Deposit Scheme (‘DPS’); and • MyDeposits. How long to protect Deposits must be protected within 30 days of receipt from the tenant on …
Under Section 21 of the Housing Act 1988 (as amended by the Housing Act 1996 and 2004) a landlord has a legal right to recover possession of the property at the end of an assured shorthold tenancy provided that he follows the correct procedure. The Deregulation Act 2015 has made some significant changes to the …
Section 21, a review after the Deregulation Act 2015 Read More »
Our next Seminar will take place on Tuesday 4th October 2016 at The Holiday Inn, Egerton Road, Guildford, Surrey, GU2 7XZ. The event will start with registration and lunch from 1pm and run from 2pm to 5:00pm. Topics to be covered include the following: • Right to Rent and Immigration Act 2016; • Deregulation Act …
Renters’ Rights Bill This new Bill has been introduced by Baroness Grender and it is at the committee stage in the House of Lords. The aim of the Bill is to make provision about the rights of tenants. As a Lords Bill introduced privately it is unlikely that this Bill will proceed much further but …
Where the property is rented by a sole tenant what should landlords do with the deposit when the tenant dies unexpectedly? Under English Law, an assured shorthold tenancy does not end automatically on the death of a tenant. Consequently, landlords cannot make deductions or return deposits until the tenancy is brought to an end. If …
The Homelessness Reduction Bill is a Private Member’s Bill introduced by Bob Blackman, backbench Conservative MP for Harrow East. The Bill, which is based upon recommendations contained in a report commissioned by numerous housing groups including the charity Crisis, aims to amend the Housing Act 1996. The Bill will require local authorities to demonstrate that …
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