Results for "re-visited"

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Tenancy deposits re-visited - what about when the property is sold?

After almost four years from the changes introduced by the Deregulation Act 2015, issues with tenancy deposits continue to vex landlords, letting agents and lawyers alike. In the case of Sebastiampillai -v- Parr decided by the Central London County Court in April 2019, the question of what should…

Section 20(B) re-visited

In our Legal Update of December 2019 , we reported that the landlord in the long running saga between East Tower Apartments Limited -v- No.1 West India Quay Residential Limited LON/00BG/LSC/2014/0 had been granted permission to appeal the decision of the FTT to the Upper Tribunal (UT) on the…

Restrictions on serving Section 21 Notices - Re-visited

We first published a Legal Update outlining the legislative restrictions on serving Section 21 notices seeking possession of residential properties let on Assured Shorthold Tenancies (ASTs) back in June 2019. We therefore thought it apt to provide an updated version of that Legal Update to you now,…

Rent Repayment Orders - Who is liable?! Revisited

In our Legal Update sent in January this year ( here ), we reported on the Upper Tribunal’s decision in Goldsbrough v CA Property Management Ltd and others [2019] UKUT 311 (LC) , which considered who the appropriate Respondent is to an application for a Rent Repayment Order (RRO), for a failure 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…

When will landlord’s insurance premiums be “reasonably incurred”?

Insurance premiums payable by residential leaseholders under the terms of a long lease must, like service charges, be “reasonably incurred” under Section 19 of the Landlord and Tenant Act 1985. Leaseholders can challenge insurance premiums which they consider to be unreasonable in amount in the…