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The Keeping of Pets

Whether you are finding tenants for landlord clients or managing a development, the issue of pets and whether or not the occupier of a property is able to keep them at the property is becoming a more common question. A response from the owner of a property is often “ I own my flat [or house] so who…

Paws for thought! Jasmine’s Law, pet clause changes to the Model Tenancy Agreement and pet consent in longer leases.

It is presently estimated that there are over 20 million dogs and cats in the UK. Given the number of people renting on short term lets, there is an increasing demand for pet-friendly tenancies. Further, longer term leases also have their issues for pet owners, mainly where there is an absolute…

Dealing with applications for consent

Landlords and management companies will frequently faced with applications from leaseholders for consents, be that for alterations, assignments/sub-letting or other management issues such as pets. Often the covenants for consent in the lease will be ‘qualified’ covenants, meaning that the landlord…

Letting Property - Things to Consider

All flats and some freehold property (particularly those on managed estates) are subject to covenants affecting how the property is to be used and setting other rules in relation to, for example, if, when and to whom the property might be let. It is most important therefore for Property Owners and…

Renters Reform Bill finally introduced to Parliament

This week’s Legal Update provides news on the long awaited Renters (Reform) Bill (“the Bill”), introduced to the House of Commons for its first reading yesterday, 17 May 2023, with the second reading scheduled for today, 18 May 2023. It is a year since our last Legal Update on the then proposed…

The ‘Duval’ issue and possible solutions

We have already reported on the Court of Appeal and then Supreme Court decisions in Duval -v- 11-13 Randolph Crescent Limited ( see here ) and the effects that it has had on how landlords might approach the granting of licences for works or other matters. It is fair to say that most landlords have…

The impending influx of electric vehicles on your managed sites - Part 1

With the Government’s plan to ban the sale of cars and vans powered solely by petrol or diesel from 2030 (some hybrid models will still be sold after that date) the clamber for the installation of electric charging points across the country has started and will only increase as the above date looms…

Lifting restrictive covenants

In March 2018, we gave details of how restrictive covenants affecting developments could be lifted or modified by application to the Upper Tribunal (“UT”) ( see the article here ), specifically in the context of covenants prohibiting the parking of commercial vehicles. Whilst little used, the…

Can a RTM Company grant consent under a lease?

In this Legal Update, we look at an issue that is commonly faced by right to manage companies in circumstances where: The RTM Company has acquired the right to manage a building; and A leaseholder of a flat within the building wishes to do something which requires the consent of the Landlord or…

Injunctions - A Remedy for Breach of Covenant

For the most part, when dealing with breaches of leasehold covenants, the ultimate remedy that will be pursued if available to the landlord will be forfeiture of the lease. The draconian consequences of forfeiture mean that it is a most powerful remedy to force compliance by the defaulting…

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…

The right to park a car - restrictions on parking in residential developments

We live in an age in which most households have at least one vehicle, if not more, so it is no surprise that parking is one of the most common causes of friction between neighbours. Restrictive covenants controlling parking It is increasingly common for housebuilders to impose restrictions on…