Be careful what you do if your Tenant dies
We are grateful to Nearly Legal for highlighting this interesting County Court case on the issue of when a new tenancy might be created following the death of the tenant. Whilst the case relates to a local authority tenancy, the cautionary note is equally applicable to a private sector tenancy. The issue at hand was whether […]
Cessation of the right to manage – what next?!
This week’s Legal Update considers what the position would be if a Right to Manage Company (“RTM”) were to fail and be made insolvent. RTM’s are fragile entities from a financial perspective. They are generally limited by guarantee, do not trade for profit and they have no assets. Accordingly, they have no income or other […]
New ‘How to Rent Guide’ released on 2 October 2023
You will know already that in order for a landlord to rely on a section 21 notice as a means of terminating an assured shorthold tenancy created after 1 October 2015, the landlord must have first served upon the tenant the then current How to Rent Guide booklet in the prescribed form. A failure to do so […]
Grenfell – 6th Anniversary
Today we remember the 72 lives lost to the Grenfell Tower tragedy six years ago. We also reflect on the impact the disaster has had on their families, the local community and residents in high-rise buildings across the country…
Building Safety Regulator Charging Scheme Published
The Health and Safety Executive has detailed the functions that will be charged for under the Building Safety (Regulator’s Charges) Regulations 2023, who will pay, and the basis of the charges…
Clarity for landlords where leases are unclear on who is responsible for certain repairs
A decision of the First-tier Tribunal in August 2023, brought to our attention by Robert Bowker of Tanfield Chambers and to whom we are grateful, relating to a question that is becoming more prevalent now following the introduction of the Building safety Act 2022, will be of interest to you. It relates to how to […]
Section 21 Notices – Return of Tenancy Deposits by Cheque or Bank Transfer?
Why would a landlord need to return a deposit? You will no doubt be very much aware that a landlord must have complied with, amongst other things, the tenancy deposit rules if they seek to terminate a tenancy by relying upon a Section 21 notice – the soon to be abolished ‘no fault’ notice for possession. Generally this requires the […]
Radcliffe Investments Limited -v- Meeson and other leaseholders of Park Rise, Trafford Plaza – Unreasonable Waking Watch Costs
This week’s legal update looks at yet another decision of the Tribunals following the fallout from the Grenfell Tower tragedy during the summer of 2017. The focus of this particular case was, again, the significant costs of a “waking watch” that has formed part of residential building fire safety measures ever since the tragedy. In Radcliffe Investments Limited -v- […]
FTT makes first Remediation Order for building safety works
Back in January, we saw the First-Tier Tribunal (“FTT”) make the first Remediation Contribution Order (“RCO”) under the new powers introduced by the Building Safety Act 2022 (“BSA”) (see our report here). Now, almost 8 months later, we have seen the FTT make the first Remediation Order (“RO”) under the BSA in the case of Waite & […]
When are service charges reasonable?
It is fair to say that leaseholders have little control over the costs incurred and works undertaken in the management of the development of which their flat forms part. They do, however, have the benefit of various statutory provisions that provide some protection as to whether or not the charges incurred by their landlord are fully, […]
