Results for "February 2019"

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Ban on evictions extended to 31 March 2021

Coming as no surprise, the Government announced last week that the current ban on evictions, due to be lifted on 21 February 2021, would be extended to 31 March 2021. The exceptions to the ban for what the Government has called the “most egregious cases”, including in cases of substantial rent…

Right to Rent scheme ruled incompatible with Human Rights Act

In the recent case R (Joint Council for the Welfare of Immigrants) v Secretary of State ((1) Residential Landlords Association, (2) Liberty, (3) Equality and Human Rights Commission intervening) [2019] EWHC 452 (Admin), the High Court has held that right to rent checks cause discrimination on…

Relief from forfeiture refused

We have recently seen yet another example of forfeiture being a viable and successful remedy available to Landlords when necessary, so it is right to say that Landlords need not be fearful of this course of action where a leaseholder is in breach of the terms of their lease. Whilst action should be…

Increasing rents under Assured and Assured Shorthold Tenancies

The insecure nature of the modern residential letting is such that, for the most part, the landlord “holds all the cards” when it comes to the rent payable by their tenants. Should the tenant be unable or unwilling to agree a rent increase, either within the existing assured shorthold tenancy…

Court of Appeal confirms contractually valid demand required for Section 20B

The Court of Appeal has recently considered the correct interpretation of Section 20B of the Landlord and Tenant Act 1985, ‘the 18 month rule’, in the long-running saga between No. 1 West India Quay (Residential) Limited -v- East Tower Apartments Limited . Background The dispute concerns 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…

When the rules will bend but just not by enough! - The case of O G Thomas Amaethyddiaeth CYF -v- Turner & Others [2022]

This week’s legal update looks at the Judgment handed down on 3 November 2022 by the Court of Appeal concerning the validity of a notice to quit and the application of the principles of the Mannai test when determining whether the notice could be valid despite an error in it. This, as you will spot…

The dreaded “W” word - Waiver of the right of forfeiture and the case of Faiz v Burnley Borough Council

Although the case of Faiz & others v Burnley Borough Council [2021] EWCA Civ 55, concerned a commercial lease, its important findings apply equally to all Leases, both private and commercial. For those who wish to read it the full judgment can be seen here . It relates to when waiver of the…