Results for "February 2019"

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1 June 2020 Roundup - Tenant Fees Act 2019 & Mandatory Electrical Testing

Monday this week not only saw the 1st of June, but also new regulation affecting the private rented sector. Tenant Fees Act 2019 The Tenant Fees Act 2019 (“the Act”) came into force in February 2019 and restricted certain payments being taken from tenants in relation to certain residential…

The Tenant Fees Act 2019

As many of you know, the Tenant Fees Act 2019 (“the Act”) came into force on 12 February 2019 and has introduced a number of radical changes to residential lettings including limits on administration fees that can be charged and deposits that can be taken from tenants in relation to tenancies…

New Section 21 Notice Form from 01 June 2019

On 1 June 2019 a new Section 21 Notice Form 6A will replace the current version. This is to coincide with the commencement of the Tenant Fees Act 2019 (which we discussed in more detail in our February 2019 Legal Update( see here )). The original version of the Form 6A, which has been used since 01…

How not to deal with joint tenancies

It is not uncommon that we see, when instructed to deal with a claim for possession of a property let on an assured shorthold tenancy (AST), a change in those understood to be the tenants responsible for the tenancy compared to the tenants originally listed in the AST. Specifically, we are often…

The £350 forfeiture threshold

As many of you will know, when a Leaseholder is in breach of the terms of their lease a Landlord can look to use the remedy of forfeiture as a means of obtaining either resolution of the breach, or possession if the Leaseholder is minded not to comply. Forfeiture results in the determination of the…

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…

Dispensation applications (Section 20 consultation) and what amounts to "relevant prejudice"

In Aster Communities v Chapman and others [2021] EWCA Civ 660 (“Aster”), (see full judgment here ) the Court of Appeal revisited the judgment handed down in Daejan Investments Ltd v Benson [2013] UKSC 14 (“Daejan”) and provided significant guidance on the approach to considering “some relevant…

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…

Service of demands

Today we focus on the recently appealed case of 38/41 CHG Residents Company Ltd v Hyslop [2020]UKUT 21 (LC), an interesting case concerned with whether a leaseholder’s bare denial of receiving service charge demands is enough to avoid liability for service charges. Background The appellant (the…

Wrong payment date can invalidate service charge demands!

In this week’s Legal Update we look at how crucial it is to ensure that service charge demands strictly comply with the lease to ensure their validity. The recent case of H Stain Limited V Carol Richmond [2021] UKUT 0066 (LC) found that a service charge demand issued to a residential leaseholder…

REMINDER : Tenant Fees Act 2019 applies to new tenancies from 01 June 2019

We covered the key changes introduced by the Tenant Fees Act 2019 back in February (see here) when the new Act came into force. The changes will apply to all new Assured Shorthold Tenancies, Student Lettings and licenses granted on or after 01 June 2019, and to all existing lettings from 01 June…

Rent Repayment Orders - How much rent?

In our Legal Update sent in January 2020 ( here ), we reported on the Upper Tribunal’s (UT) decision in Goldsbrough v CA Property Management Ltd and others [2019] UKUT 311 (LC). In August this year ( here ), we also reported on Rakusen v Jepson & Ors v Safer Renting (Intervenor) (2021) EWCA Civ…