Consent Charges on Long Leases and LVT Jurisdiction
As we have discussed previously, in most long leases (leases for 21 years or longer) a freeholder is entitled to require a leaseholder tenant to obtain consent from the landlord before sub-letting and to require the leaseholder to pay costs in relation to that...
Plymouth City Council Planning Document Consultation Article 4 Direction
The Development Guidelines SPD provides further guidance and explanation to the adopted Core Strategy and is used to inform planning decisions. It helps to improve the quality of development in Plymouth by providing user-friendly planning guidance and enables...
Private Land, Car Parking and the Protection of Freedoms Act 2012
A problem landlords sometimes face is cars unlawfully parking on private land. In particular for example, many of our properties are in a town centre location so it can become troublesome. We have found the most effective way to deal with the problem is where possible...
Inspection Hatches Needed for Flues in Voids
Sometimes when a boiler has been installed in the past, the flue needed to run behind walls or through ceiling voids. However, when a gas safe engineer carries out the annual gas safety inspection, the engineer needs to see the flue. If you have a flue that cannot be...
Door Handle Missing – Landlord and Builder Negligent
On 26th August 2007 the claimant, Miss Jasmine Alexander, was injured when the index finger of her left hand was caught in the front door of the block of flats where she lived. She suffered a traumatic partial amputation of her finger. The building contractor,...
Missing Handrail – Landlord Held Liable for Fall
Hannon v Hillingdon Homes Ltd [2012] EWHC 1437 (QB) is a personal injury claim which arises out of an injury that the claimant Mr Patrick Hannon (“Mr Hannon”) suffered when he fell whilst carrying out maintenance work to the central heating and hot water boiler at a...
Minor Amendment to HMO Licensing Application Legislation
The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(Amendment)(England) Regulations 2012 comes into force on 10 September 2012 and applies to England only. The regulations make a minor amendment to the Licensing...
Still Being Debated – What are the Periods of a Statutory Periodic Tenancy?
Thanks to the nearlylegal blog for this one (who in turn offer thanks to Legal Action’s ‘Recent Developments in Housing Law’ , Edwards Duthie and Liz Davies for the case). In Lappin v Surace, Romford County Court 13 June 2012, Mr Lappin let a property to Ms Surace on...
New Offence of Squatting in a Residential Building
At the time of writing, it was not a criminal offence for a person to enter a residential building as a trespasser. If however, a residential occupier returns home perhaps after a holiday, to find a trespasser in their home, it becomes a criminal offence for the...
Failure to Have HMO Licence and Proceeds of Crime
If a house in multiple occupation ("HMO") requires a licence whether that's because it has 3 storeys and 5 or more occupiers or because it's located in an additional licensing area, it's a criminal offence to operate the HMO without a licence [section 72 Housing Act...
Licence Fees Must be Reasonable and Proportionate
Below has been amended to include a link to the Court of Appeal judgment because it was first reported from High Court judgment. The general consensus is that the below case is authority that HMO licensing fees charged by a local authority must only cover actual costs...
Application to Assign not Valid by Email
Where a tenancy (other than a local authority tenancy) contains a clause that a tenant may not assign the tenancy without the consent of the landlord, which consent is not to be unreasonably withheld, the landlord has a duty to reply to any written application for...
Landlord not Liable for Tenant Slipping on Steps
Drysdale v Hedges High Court, QBD 27 July 2012 John Leighton Williams QC, sitting as a deputy Judge Background The landlord Ms Hedges let a property to Ms Drysdale which was a mid-terraced Victorian house on three floors. There were steps leading up to the front door...
The Dispute Service Offers Landlords Deposit Protection Directly
Landlords are well aware by now of two of the tenancy deposit schemes namely Deposit Protection Service and My Deposits. Perhaps slightly less know amongst landlords but widely used by agents is the third tenancy deposit scheme operated by the Dispute Service. This...
Six Months Rent in Advance and Tenancy Deposit Protection
The Court of Appeal has held in favour of the landlord in this case and you should read that page rather than this one which is now in archive Archive use only We have always been worried that the taking of multiple periods of rent in advance (for example 6 months...
Running Cost for Tenant of Heating Bills Must be Considered by Landlord
According to Liverpool City Council, they have won a "landmark tribunal ruling" which establishes the type of heating that must be installed by a landlord if the landlord is served with a notice or order under the Housing Health and Safety Rating System (HHSRS) under...
The Requirement of Providing Name and Address of Landlord
Section 48 Landlord and Tenant Act 1987 requires a landlord to provide an (emphasis added by author) address in England or Wales at which notices may be served on him by the tenant. Where a landlord fails to provide such an address, any rent or service charge...
EPC Data Now Public
On 18 December 2011, section 74 of the Energy Act 2011 commenced which allowed regulations to be made allowing data held on the Domestic Energy Performance Certificate Register in England and Wales to be made public for individuals and available in bulk to certain...
Tenancy Deposit Schemes Commencement Provisions for 6 April 2012
The Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012 provides the transitional provisions relating to tenancy deposit schemes and the changes made by the Localism Act 2011. We have already reported on the significant...
Land Registry launches top tips to help owners protect their property from fraudsters
Thanks to the painsmith blog for this one Property is usually the most valuable asset people own. It can be sold and mortgaged to raise money and is therefore an attractive target for fraudsters. The properties most vulnerable to fraud are usually empty, tenanted or...
Coronavirus Guidance
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