Results for "june 2018"

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An overview of relief from forfeiture

Forfeiture is a means for a Landlord to terminate a lease, in the event of some default by the Leaseholder. The right must be conferred expressly: there must be a ‘forfeiture clause’ or a ‘proviso for re-entry’ ( see here our December 2018 Legal Update “Forfeiture is real and the Court will grant…

Will the lack of a Gas Safety Certificate prevent a Landlord from relying upon a section 21 notice?

We are reviewing today an appeal from the County Court in the form of Byrne v Harwood-Delgado H00HF202, decided on 21 June 2022 (see the Judgment here ). The question before the Court was whether a landlord’s failure to obtain (let alone serve upon the tenant) a Gas Safety Certificate prior to the…

Mandatory electrical checks for private landlords from July 2020

It should perhaps come as no surprise, given the raft of legislation aimed at ensuring that basic housing standards are met and that a tenant’s safety is seen by their landlord as paramount, the Government has recently announced draft Regulations to introduce mandatory electrical checks from July…

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.…

Court of Appeal - No requirement to provide EPC when serving section 21 notice for pre October 2015 tenancies!

On 23 June 2021 the Court of Appeal has concluded that Regulation 2 of The Assured Shorthold Tenancy Notices and Prescribed Information (England) Regulations 2015 does not apply to tenancies granted before 1 October 2015. This means that landlords with properties let under such Assured Shorthold…

Replacement of flammable cladding - who bears the cost of fire safety?

After the tragic events of the Grenfell Tower fire in the early hours of 14 June 2017, fire safety and in particular the issue of dangerous cladding has dominated headlines and, quite rightly, become a serious concern for owners, landlords, managing agents and not least tenants or occupiers of…

When should you demand for major works costs?

As you will no doubt know, major works projects to a development will, in many cases, amount to ‘Qualifying Works’ as defined under section 20 Landlord and Tenant Act 1985 (“S.20”) and thus be subject to the need for compliance with the S.20 consultation process prior to their commencement. The…

You really must do what the lease says. No, really, you must!

The Upper Tribunal concluded in the last few weeks an appeal from the FTT in the matter of Powell & Co Investments Ltd v Aleksandrova [2021] UKUT 10 (LC) . This is an interesting case, and another reminder of the need for a landlord or managing agent to be careful in their reading of the lease and…