Results for "june 2018"

Get in touch today

Call 01435 897297
Email info@kdllaw.com

Government ‘How to Rent’ Guide updated 26 June 2018

The Ministry of Housing, Communities and Local Government (formerly the Department for Communities and Local Government) has published a new ‘How to Rent’ Guide with effect from 26 June 2018. The new Guide can be accessed via the following link -…

A Sense of Déjà Vu?! Another new ‘How to Rent’ Guide published 09 July 2018

On Monday 09 June 2018, the Ministry of Housing, Communities and Local Government (MHCLG) published yet another update to the ‘How to Rent’ Guide to be given to Assured Shorthold tenants. The new Guide can be accessed here at the gov.uk website. The new Guide corrects the title of the most recently…

The deeper perils of waiver!

Whilst forfeiture is a useful and effective remedy for Landlords, it is vital for Landlords and their agents to ensure that, once they are aware of a breach, they do nothing that might inadvertently waive the right to forfeit for it. Waiver can occur when the Landlord (or their agent) undertakes…

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…

Restrictions for landlords terminating ASTs from 01 October 2018

Substantial changes were introduced by the Deregulation Act 2015 (“DA 2015”), restricting when a landlord can seek possession of residential property let on an assured shorthold tenancy (“AST”) granted on or after 01 October 2015 via Section 21 of the Housing Act 1988, and most of these changes…

Leaseholders' choice of contractor must be included in Statement of Estimates (Section 20 consultations)

The Upper Tribunal, in the case of Collingwood v Carillon House Eastbourne Ltd [2021] UKUT 246 (LC) , has confirmed that it is necessary to comply strictly with the consultation process ahead of the appointment of a contractor for major works. In default, the leaseholders’ liability for the cost of…

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…

The importance of a commencement date in determining whether an agreement was or was not a QLTA - The case of Ghosh v Hanover Gate Mansions Ltd [2019].

In this week’s Legal Update we focus on Ghosh v Hanover Gate Mansions Ltd [2019] UKUT 290 (LC) . This was a case where a leaseholder argued that the management agreement was be a qualifying long term agreement (“QLTA”) under section 20 Landlord and Tenant Act 1985 if it had come into existence when…

How not to behave! - Unlawful eviction.

Whilst the following case of Wu v Chelmsford City Council (2023) EWCA Crim 338 should be a fairly obvious prime example of how NOT to behave as the landlord of a tenanted property, it is distressing how many times this sort of thing does occur or would occur, if some landlords carried through their…

Forfeiture is real and the Court will grant it!

Forfeiture is probably the most powerful and important remedy available to a landlord. Despite that, we find for the large part that many landlords and agents we work with don’t think that forfeiture is attainable or a real option where a residential leaseholder has breached the terms of their…

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…

Danger! Mandatory electrical testing for all Assured Shorthold Tenancies from 01 April 2021

Electrical testing requirements were introduced for new Assured Shorthold Tenancies (ASTs), from 01 June 2020 . The lead in time for existing ASTs is about to finish, and, from 01 April 2021, all ASTs, both new and existing, will be subject to the catchily titled Electrical Safety Standards in the…