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Plaster – Is it Part of Structure?

Grand v Gill [2011] EWCA Civ 554 (19 May 2011) The question of whether plaster on a wall is part of the "structure" (and therefore part of the landlords duty to keep in repair under section 11 Landlord and Tenant Act 1985) has been a long running one. Background to the question of whether plaster is part of the structure In Quick v. Taff ...

Tenant Wins Right to Keep Chickens

Here is an example of one of those rare but great little stories which reminds us of the many laws that still remain but not often known about. Natasha Brooks, from Greater Manchester, kept two chickens (named Henny and Penny just in case you were wondering) in the back garden of her property, which is owned by New Charter Housing ...

Section 48 Notice After Tenancy has Ended

Section 48 Landlord and Tenant Act 1987 requires a landlord to furnish by notice the tenant with his address in England or Wales at which notices (including notices in proceedings) may be served on him by the tenant. A failure to provide such an address results in any rent or service charge otherwise due from the tenant to the landlord shall ...

Right to Set Off

Fearns (t/a “Autopaint International”) v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch) Set off One of the main problems of the notice seeking possession (section 8 notice) usually used for rent arrears claims is the tenant’s make a claim against the landlord for random disrepair issues, often never ...

When Does the Fixed Term End?

Mrs A Farrand v Ms V Ierardi Brentford County Court 24 June 2011 1UC03134 An interesting case which we assisted one of our members with, which if does nothing else, helps summarising the procedure to follow if an accelerated possession procedure doesn’t go according to plan. This case also illustrates that you could have a very ...

Application for 3 x Deposit After Tenancy

Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon   Gladehurst Properties Ltd v Hashemi & Anor [2011] EWCA Civ 604 (19 May 2011) We now have a further court of appeal ruling on deposit protection, in particular can an ex-tenant make an application for 3 times deposit once a tenancy has ended. ...

Change to Ground Rent Notice

Ground rent is a regular payment which a leaseholder must pay to their landlord (sometimes called 'the freeholder') under the terms of their lease. Before ground rent is payable on a residential long leasehold property (which is one where the lease was originally for 21 years or longer), the landlord must serve the leaseholder with a notice ...

Payment by Guarantor is not Payment of Rent

Payment by the surety pursuant to his covenant

Deposit Protection After Tenancy Ended

Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon   Potts v Densley & Anor [2011] EWHC 1144 (QB) Thanks again to the Painsmith blog for this one. Background The landlord granted the tenant a tenancy of 12 months from 12 May 2007. A deposit of £1,500.00 was paid and duly registered by the ...

Joint Dispute Resolution Advice

The three tenancy deposit schemes have jointly published a ‘Guide to Tenancy Deposits, Disputes and Damages‘ The new guide outlines the principles on which all three scheme administrator’s adjudicators make decisions so that the process is consistent and transparent for letting agent, landlord and tenant alike; regardless of which scheme you ...