Landlord Was Not Liable For A Slip On A Shared Path
Background to the case We previously reported the significant Court of Appeal ruling Edwards v Kumarasamy EWCA Civ 20. The appellant landlord (Mr Kumarasamy) held a long lease in a larger block of several flats. The lease gave the landlord the right to use the entrance hall lift staircases and landings ... giving access to the Flat”, the ...
Saad v Hogan 2009
Saad v Hogan Brentford County Court, 16 February 2009 (appeal heard in the County Court) Mr Saad (landlord) entered into a tenancy with Ms Hogan (tenant). The tenancy was for one year at a rent of £1,000 per calendar month. A deposit of £1,000 was paid. In November 2007, after the tenancy deposit legislation came into effect, Mr Saad granted ...
Does a section 21 notice need to be signed?
It would be a rare event that a landlord or any person acting on behalf of a landlord failed to sign a section 21 notice served on a tenant but it is nonetheless a point worth considering. In Barker v Hands  EWCA Civ 869, a landlord had served a section 21 notice which was not signed. The tenant defended proceedings on the basis that because the notice was unsigned it was invalid.
Tenancy Builder Beta Testing
Thanks for agreeing to be a beta tester for our new tenancy builder product. For feature requests, comments or suggestions please comment below. To receive notifications of replies ensure you tick the box to participate by email. You can access the builder by using this link but it might change during the course of updating. If it does, we ...
Is Overpayment of HB Recoverable?
A common problem landlords who accept housing benefit face is the local authority asking for money back after they have overpaid. This only applies to landlords who receive the housing benefit payment direct. When a local authority is deciding to recover an overpayment, they must first consider "is the overpayment recoverable?" which is dealt
What Length of Fixed Term Should a Landlord Provide?
Since the changes were announced to council tax from 1 April 2013 in particular for unoccupied and unfurnished properties, we changed our advice from suggesting 3 month fixed terms to 6 month fixed terms. We issued emails and also a rare important alert via post. (more…)
Gifted Deposits Trigger CGT Problems For Landlords
Working out the capital gains tax value of a buy to let home with a gifted deposit is fraught with problems for property investors. Some buy to let lenders encouraged developers to offer gifted deposit and were happy that the measure lifted the loan-to-value. But investors with highly leveraged properties who pay income tax at 40% or more ...
Seeking possession based on rent arrears (Rent Act tenancy)
Introduction A Rent Act Tenancy is technically either a "Protected Tenancy" or a "Statutory Tenancy". Collectively they are known as "Regulated Tenancies" . As long as it is in existence, a protected tenancy is contractual in nature (sometimes called common-law in nature). Virtually all Regulated Tenancies when first granted are a Protected ...
How to Apply CGT to Off-Plan Home Purchases
A judge has finally come up with some good tax news for home owners over how to apply principle residence relief to off-plan property purchases. (more…)
Legislation Achieves Primary Objective
Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon The wait is over for the Court of Appeal ruling in Tiensia v Vision Enterprises Ltd (t/a Universal Estates) and between Honeysuckle Properties v Fletcher EWCA Civ 1224 (11 November 2010). To assist explaining the judgment, we have created some ...