LAW AND LEASE A barrister's blog about residential service charges

Size: px
Start display at page:

Download "LAW AND LEASE A barrister's blog about residential service charges"

Transcription

1 Proxima GR Properties Ltd -v- Dr Thomas D McGhee [2014] UKUT 0059 (LC) The Upper Tribunal has tackled some thorny issues this year. This is another such. It finds Martin Rodger QC in reflective mood at the outset as he ponders: How much is it reasonable for a tenant to be asked to pay for consent to underlet a leasehold flat? What is the consequence of a request for an unreasonable sum? Is there any statutory restriction on the fee which a landlord may charge for registering an underlease? It also finds him handing out a freebie answer to the question Is a registration fee a variable administration charge?. The issue is not integral to his decision, but it is always helpful to have his input. Sub-letting: a circumscribed freedom I begin with some general propositions. At common law, the only restrictions on a party assigning or sub-letting a property and the amounts chargeable for either are those contained in the lease. Parliament has had its say in this area however, by way of: Section 19(1) of the Landlord and Tenant Act 1927, and Sections 1 and 3 of the Landlord and Tenant Act Further, section 158 of and Schedule 11 to the Commonhold and Leasehold Reform Act 2002 limits the fee recoverable by the landlord to one which is reasonable. Paragraph 5 of Schedule 11 to the 2002 Act allows for applications to the FTT for a determination of the amount payable, amongst other things.

2 The lease Dr McGhee was the long lessee of a flat in London, E16. Two covenants in the lease gave rise to the dispute. 1. The lessee covenanted Not at any time during the term: [To] underlet the demised premises without the prior written consent of the Manager or its agents (such consent not to be unreasonably withheld or delayed) provided always that such underletting shall be by means of an assured shorthold tenancy agreement or any other form of agreement which does not create any rights of tenancy for the tenant after the term of any such agreement shall have expired. 2. The lessee also promised: To give written notice within 28 days to the Manager (or its agents) of any assignment, transfer, mortgage charge, grant of probate or letters of administration, order of court or other matter disposing of or affecting the demised premises or devolution of, or transfer of title to the same with a certified copy of the instrument effecting any such dealing and also to pay or cause to be paid at the same time to the Manager such reasonable fee appropriate at the time of registration in respect of any such dealing provided always that in the case of a contemporaneous transfer and mortgage the fee shall only be payable on one of such matters. The cost of consent Dr McGhee let out his flat the first time he did so, he did not obtain the consent of Estates and Management Ltd ( E&M ), the managing agents for the block. When this came to the notice of E&M, they informed him of their charges: 95 for a retrospective standard consent under the first covenant, or A flat 330 for consent to subletting for five years, plus A further 95 for dealing with the written notice referred to in the second covenant. Dr McGhee sent E&M a cheque for 95 half the amount sought. He then applied to the LVT under Schedule 11 of the 2002 Act. The LVT s decision The registration fee The LVT determined that it had no jurisdiction to determine the amount of the registration fee, because such fees were not covered by paragraph 1 of Schedule 11 to the 2002 Act.

3 Fee for consent to subletting The LVT determined that no fee was payable for the grant of consent to sub-letting because the lease did not provide for a fee to be payable. It held that section 19(1)(a) of the 1927 Act was only engaged where the lease provided for a fee to be payable. Section 20C The LVT made a section 20C order. The questions on the appeal 1. Did the landlord have a contractual entitlement to request a fee for considering applications for consent to sublet? 2. Was the sum of 95 which Proxima sought to charge a reasonable charge? 3. Was the LVT s order under section 20C one which it was entitled to make? These questions related only to the grant of consent: there was no appeal against the LVT s decision that it had no jurisdiction to determine the amount of the registration fee. Nonetheless, said Martin Rodger QC, as the issue recurs with some regularity I take the opportunity to record that I agree with the conclusion of the LVT, for the reasons it gave. I will briefly explain those reasons in my own words. Registration fees Paragraph 1(1) of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 contains the following: (1) administration charge means an amount payable by a tenant of a dwelling as part of or in addition to the rent which is payable, directly or indirectly (a) for or in connection with the grant of approvals under his lease, or applications for such approvals, (b) for or in connection with the provision of information or documents by or on behalf of the landlord or a person who is party to his lease otherwise than as landlord or tenant, (c) in respect of a failure by the tenant to make a payment by the due date to the landlord or a person who is party to his lease otherwise than as landlord or tenant, or (d) in connection with a breach (or alleged breach) of a covenant or condition in his lease.

4 To Martin Rodger QC s mind, a sum payable as a fee for registering a document did not fall within any of these categories because: The lessee s written notice was not a request for an approval; E&M s charge was not a charge for the grant of an approval; Nor was it a charge levied in connection with an application for an approval. This view coincided with the opinions contained in the leading text books: Commercial and Residential Service Charges, Rosenthal & others (2013), paragraph 29-54, and Service Charges and Management, Tanfield Chambers, 3 rd ed., (2013), paragraph Did the landlord have a contractual entitlement to request a fee for considering applications for consent to sublet? What if consent is not obtained? The lessee was obliged to obtain the landlord s consent in writing to sub-letting. If he did not: He was in breach of covenant; His lease was liable to be forfeit; Proxima had not sought to forfeit, but that did not affect the existence of the breach. The role of section 19(1)(a) of the 1927 Act The LVT decided that section 19(1)(a) did not assist [Proxima] because the lease did not specifically refer to payment of a fee. In my judgment the LVT was mistaken in its understanding held Martin Rodger QC. Here is his reasoning: The covenant did not refer to paying a fee for the granting of consent to subletting; But it related to the lessee refraining from subletting without consent; It did not relate to the making of a payment; Where consent to sub-let was sought, the landlord was entitled to impose conditions; The conditions must be reasonable, because otherwise the landlord would be unreasonably withholding consent. Section 1(4) of the Landlord and Tenant Act 1988 provides that imposing an unreasonable condition is a breach of statutory duty; Section 19(1) of the 1927 Act applies in all leases which contain a covenant against sub-letting without licence or consent; The lease echoes section 19(1) in that it provides that consent is not to be unreasonably withheld; The 1927 Act is clear that the proviso that consent is not to be unreasonably withheld allows the landlord to require payment of a reasonable sum in respect of legal and other expenses incurred in connection with a consent.

5 In other words, a landlord will not be taken to have withheld consent to a subletting unreasonably if that consent is made conditional on the payment by the tenant of a reasonable sum to cover the landlord s legal or other expenses. Martin Rodger QC then turned to Holding and Management (Solitaire) Ltd v Norton [2012] UKUT 1 a decision of the former President of the Upper Tribunal, George Bartlett QC on the effect of section 19(1)(a). At paragraph 9, he held that: whilst [section 19(1)] clearly does have [the] effect [of preserving any right conferred by the lease to make a charge] it is not in my judgment restricted in this way. For the reasons given in the previous paragraph the withholding of consent would not be unreasonable if the lessee refused to pay a reasonable charge for it, and section 19(1)(a) make clear that such a charge is not precluded. In the hope, I imagine, that further explanation would save further appeals on the same point, Martin Rodger QC then approached the question from a slightly different angle. Reasonable conditions A reasonable condition for the granting of consent does not constitute an additional obligation on the lessee; If the lessee decides not to comply with the condition, the landlord cannot compel the lessee to do so, whether or not the lesse subsequently sublets; If the lessee does not comply with the condition but equally does not sublet, the condition simply falls away; If the lessee does not comply with the condition but does sublet, s/he is in breach of covenant. The landlord still does not have any power to compel compliance with the condition. Unreasonable conditions The need to obtain consent is subject to the proviso that consent will not be unreasonably withheld; An unreasonable condition for the grant of consent to sub-let releases the lessee from the obligation to obtain consent; The lessee can therefore sub-let without the landlord s approval; Treloar v Bigge (1884) L.R. 9 Ex.151, and F.W. Woolworth & Co. v Lambert [1937] Ch 37 support that reasoning.

6 Was the 95 which Proxima sought to charge a reasonable charge? The 95 in question is the 95 charged for the grant of consent not the 95 registration fee. The variable administration charge By virtue of paragraph 1(1) of Schedule 11 to the 2002 Act, a charge is an administration charge if it is an amount payable in addition to the rent connection with the grant of an approval under the lease. Pursuant to paragraph 3 of the same Schedule, a charge is a variable administration charge if it is an administration charge payable by a tenant which is neither o specified in his lease, nor o calculated in accordance with a formula specified in his lease. Paragraph 2 provides that a variable administration charge is payable only to the extent that the amount is reasonable. Martin Rodger QC held that the charge for the granting of consent was a variable administration charge. This was not however a case where the Upper Tribunal or indeed the FTT was in a position to substitute its own assessment of what was a reasonable charge if it held that the amount demanded by the landlord was unreasonable. In what for me was rather a light-bulb moment, Martin Rodger QC said: As I have already explained, if a landlord makes the grant of consent to an underletting conditional on the payment of an unreasonable sum, the result is that the tenant ceases to be under an obligation to obtain the landlord s consent to the particular underletting at all. Although paragraph 5(1) of Schedule 11 to the 2002 Act confers jurisdiction on the First-tier tribunal to decide what a reasonable sum would be, that does not alter the contractual position in the event that an unreasonable sum has already been requested. It is not a matter of the landlord being entitled to whatever sum is found by the tribunal to be reasonable, because the covenant on which the landlord s entitlement to ask for any sum will no longer bind the tenant in relation to the current request. It is therefore important to determine whether the sum the appellant requested in this case was reasonable or not.

7 The evidence There are decisions at both Upper Tribunal and LVT/FTT level as to the reasonable amount which a landlord is entitled to charge for the granting of consent to sublet. Martin Rodger QC drew from those decisions one point, that being that each application for consent should be considered on a case by case basis, to ensure that an inflated or unreasonable fee [is] not charged for unobjectionable application. Proxima s evidence disclosed that it effectively applied the same standard fee of 95 per grant of consent, irrespective of the amount of work involved. A correction Section 1(6)(b) of the 1988 Act places squarely on the landlord the burden of proving that a condition for the granting of consent is reasonable. In the context of the evidence required to persuade the Tribunal of the reasonableness of consent fees, Martin Rodger QC ahem, corrected the former President s decision in Bradmoss Ltd [2012] UKUT 3 (LC). In Bradmoss, two hours administrative and one hour s legal work were said to be required to process an application for consent. In that context, a fee of 135 was claimed. George Bartlett QC, the former President, held that there was insufficient evidence to justify a 135 fee, and that a fee of 40 should stand in its place. I would respectfully suggest, said Martin Rodger QC, that, an unreasonable fee having been demanded, the tenant had become entitled to underlet without the need to obtain the landlord s consent at all and therefore without the need for the payment of any fee. The purpose of the covenant A covenant against sub-letting has as its purpose to prevent the landlord finding his/her property occupied, in Martin Rodger QC s words, in an undesirable way or by an undesirable tenant. He invoked high authority in support of this proposition: the Court of Appeal in International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd [1986] Ch 513 and Ashworth Fraser Ltd v Gloucester City Council [2001] 1 WLR The covenant was not therefore designed to provide a profit stream to the landlord, and should not be applied in that way. The only expenses which the landlord was enttled to recover were the legal and administrative expenses of considering whether to grant consent.

8 Clearing arrears as a condition of consent Martin Rodger QC did not consider it reasonable, when considering an application for permission to sublet as opposed to an application to assign to incur cost in ascertaining the state of the lessee s rent and service charge account. This was because where a lessee is assigning the lease, it is reasonable to grant consent on condition that rent and service charge arrears be cleared, because if the assignment goes ahead, the lessee will no longer be in a landlord/lessee relationship with the landlord. Where consent to sublet is sought, the relationship between lessee and landlord is unchanged if consent is granted and the property is sublet. Second and subsequent sublettings Moving on to renewal tenancies, Martin Rodger QC was clear that he could not envisage a circumstance in which anything other than a modest fee should be charged where an application was made for consent to let the same property to the same tenant on the same terms. He then made what I think is technically a clanger. He observed that: where a tenant is simply permitted to remain in occupation following the expiry of an assured shorthold tenancy, without the grant of a new tenancy, no new underletting would be involved, there would be no need to seek the consent of the landlord and no occasion for any fee to be charged. I will explain why in my observations. The global licence Amongst the options available to Dr McGhee was the payment of 330 for a global licence to sublet for five years without needing to apply for the landlord s consent. Martin Rodger QC invested this fee with a rather different character to the 95 fee for sublettings on a case-by-case basis. The 330 fee was, to his mind, a sum payable by a lessee in order to be released, for five years, from the covenant to seek the landlord s consent. As a release fee, the 330 was not subject to section 19(1) of the 1927 Act, nor the 1988 Act. He was inscrutable on the question of whether it constituted a variable administration fee: it was a question to which the answer was not obvious, and I say nothing about it.

9 The reasonableness of E&M s fee 95 was a fee higher than Martin Rodger QC considered reasonable for the two tasks which a landlord would need to carry out on receipt of a routine application for consent, they being: To check that the terms of the proposed subletting are in accordance with the terms of the lessee s lease, and To issue a written consent to the subletting. The suggestions in the [landlord s] evidence that the average application consumes six hours and requires the involvement of lawyers strike me as fanciful, he hurrumphed. He noted however that LVT panels had determined that higher fees were reasonable and emphasised that he did not question the reasonableness of those higher figures in some cases. Turning finally to the fee claimed of Dr McGhee, which accounted for: A retrospective consent, and A request from the lessee to explain the fee, Martin Rodger QC declared himself satisfied that Dr McGhee s application to E&M was not routine, and that the 95 demanded was, in those circumstances, a reasonable fee. The section 20C decision The LVT made a section 20C order on the basis that the fee was not recoverable under the lease. Having reversed the LVT s decision that point, Martin Rodger QC reversed the LVT s section 20C order and declined to make a section 20C order on the appeal. Observations Readers who are long in the Law and Lease tooth may have a distinct impressionion of having been here before. We have, in Freehold Managers Nominees Ltd v Martina Piatti, Polo Piatti [2012] UKUT 231 (LC). In this case however, Martin Rodger QC looks at the question in more detail which is why this post is considerably longer than Freehold Managers Nominees Ltd.

10 It is also true that my posts have grown in length over the past two years. I excuse its length by relying on the anecdote which does the rounds of the Bar, in which Counsel s opening words to the court are: Your Honour, I trust that you have received my skeleton argument. I must apologise: I did not have time to make it shorter. That said, a nutshell knowledge of a case is just that a shell without the reasoning. Beware! Many are the cases where a lessee feels that the landlord is charging an unfair fee for granting an approval. A decision not to pay the fee but to press on can have significant consequences. If a landlord decides to instigate forfeiture action, the legal costs, if it is determined that the fee was not unreasonable, can spiral. For the lessee, a cautious and enquiring approach is in all probability therefore advisable before taking action which may constitute a breach of covenant. For the landlord, written records of work done, time spent and the hourly rate charged will give credibility to a fee which may at first glance appear high. The technical clanger I took my courage in both hands in suggesting that Martin Rodger QC made a technical clanger when he made the following observation: where a tenant is simply permitted to remain in occupation following the expiry of an assured shorthold tenancy, without the grant of a new tenancy, no new underletting would be involved, there would be no need to seek the consent of the landlord and no occasion for any fee to be charged. Those familiar with claims for possession of assured shorthold tenancies following service of a notice pursuant to section 21 of the Housing Act 1988 will be painfully familiar with the Court of Appeal s judgment in Superstrike Ltd v Rodrigues [2013] EWCA Civ 669. In very short summary, Superstrike Ltd granted a lease to Mr Rodrigues in January 2007 for a fixed term of one year. In April 2007, the tenancy deposit scheme in the Housing Act 2004 came into force: it required landlords to protect deposits paid by tenants of assured shorthold tenancies. Mr Rodrigues s fixed term came to an end in January By virtue of section 5 of the Housing Act 1988, a periodic tenancy came into being.

11 The problem for Superstrike Ltd was that arising of a new tenancy imposed on it the obligation to protect Mr Rodrigues s deposit by virtue of section 213 of the Housing Act It did not. It was accordingly not entitled to serve a notice under section 21 of the Housing Act 1988, nor, plainly, to seek a possession order on the back of it. Technically therefore, I am not certain that Martin Rodger QC was correct to say that a tenant remains in occupation without the grant of a new tenancy after the expiry of the fixed term. That said, it strikes me that it would be difficult for a landlord to justify a fee for approving the new tenancy if, on the ground, there was no real change in the parties relationships?

HM COURTS AND TRIBUNALS SERVICE RESIDENTIAL PROPERTY TRIBUNAL SERVICE LEASEHOLD VALUATION TRIBUNAL MAN/00CVLAC/2012/0022

HM COURTS AND TRIBUNALS SERVICE RESIDENTIAL PROPERTY TRIBUNAL SERVICE LEASEHOLD VALUATION TRIBUNAL MAN/00CVLAC/2012/0022 Z HM COURTS AND TRIBUNALS SERVICE RESIDENTIAL PROPERTY TRIBUNAL SERVICE LEASEHOLD VALUATION TRIBUNAL MAN/00CVLAC/2012/0022 An application under Schedule 11 Paragraph 5 of the Commonhold and Leasehold Reform

More information

RECOVERING COSTS IN THE FIRST-TIER TRIBUNAL. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2014

RECOVERING COSTS IN THE FIRST-TIER TRIBUNAL. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2014 RECOVERING COSTS IN THE FIRST-TIER TRIBUNAL INTRODUCTIONS MARK OAKLEY Why is it important? How else would the costs be paid? Do you really want to? Funding litigation Typical Scenarios Lessee Application

More information

RECOVERING COSTS IN THE LVT. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2013

RECOVERING COSTS IN THE LVT. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2013 RECOVERING COSTS IN THE LVT INTRODUCTIONS MARK OAKLEY Why is it important? How else would the costs be paid? Do you really want to? Funding litigation Typical Scenarios Lessee Application regarding service

More information

Residential Management Disputes. Natasha Rees, Emma Gosling, Yvonne Hills and Sarah Heatley 25 February 2016

Residential Management Disputes. Natasha Rees, Emma Gosling, Yvonne Hills and Sarah Heatley 25 February 2016 Residential Management Disputes Natasha Rees, Emma Gosling, Yvonne Hills and Sarah Heatley 25 February 2016 Case Study The first scenario water ingress The problem You get a call on a Friday evening from

More information

The Right to Manage A short guide

The Right to Manage A short guide The Right to Manage A short guide Real Estate Private Client Corporate Law CONTENTS Introduction 2 Commonhold & Leasehold Reform Act 2002 4 Qualifying conditions 4 Setting up a right to manage company

More information

LEASEHOLD ISSUES MASTERCLASS POWERS OF LEASING AND THE EFFECT OF A SURRENDER. Gary Cowen, Falcon Chambers

LEASEHOLD ISSUES MASTERCLASS POWERS OF LEASING AND THE EFFECT OF A SURRENDER. Gary Cowen, Falcon Chambers LEASEHOLD ISSUES MASTERCLASS POWERS OF LEASING AND THE EFFECT OF A SURRENDER Gary Cowen, Falcon Chambers 1. In this presentation, I shall consider the powers of leasing and of accepting a surrender where

More information

LEASEHOLD PROPERTY CLIENT GUIDE

LEASEHOLD PROPERTY CLIENT GUIDE CLIENT GUIDE LEASEHOLD PROPERTY As the owner of a Leasehold property, it is in your own interest to understand the legal nature of the ownership. What exactly do you own and what are the associated rights

More information

WHERE ARE WE NOW ON SERVICE CHARGES?

WHERE ARE WE NOW ON SERVICE CHARGES? WHERE ARE WE NOW ON SERVICE CHARGES? by John Furber QC John specialises in all aspects of the law of real property, with an emphasis on property developments and commercial leases. He also has many years

More information

a short guide to The Right to Manage

a short guide to The Right to Manage a short guide to The Right to Manage CONTENTS Page 1 INTRODUCTION 2 commonhold & leasehold reform act 2002 Qualifying Conditions SETTING UP A RIGHT TO MANAGE COMPANY INVITATION NOTICE CLAIM NOTICE LANDLORD

More information

Leasehold Management Brief

Leasehold Management Brief evonshires solicitors Leasehold Management Brief Issue 3 In this issue 2 Welcome 3 Using the FTT s Rules to Manage Disputes 4 Recovering the costs of preparing s.146 Notices 6 Reasonableness of Service

More information

IN THE MATTER OF THE TENANTS ASSOCIATIONS (PROVISIONS RELATING TO RECOGNITION AND PROVISION OF INFORMATION) (ENGLAND) REGULATIONS 2018 (SI 2018 NO

IN THE MATTER OF THE TENANTS ASSOCIATIONS (PROVISIONS RELATING TO RECOGNITION AND PROVISION OF INFORMATION) (ENGLAND) REGULATIONS 2018 (SI 2018 NO IN THE MATTER OF THE TENANTS ASSOCIATIONS (PROVISIONS RELATING TO RECOGNITION AND PROVISION OF INFORMATION) (ENGLAND) REGULATIONS 2018 (SI 2018 NO.1943) OPINION Introduction 1. I am instructed on behalf

More information

Recovery of costs in service charge disputes. Jonathan Upton, Tanfield Chambers

Recovery of costs in service charge disputes. Jonathan Upton, Tanfield Chambers Recovery of costs in service charge disputes Jonathan Upton, Tanfield Chambers This article considers in what circumstances costs in service charge disputes in the First-tier Tribunal (Property Chamber)

More information

Laceys Guide To Right To Manage

Laceys Guide To Right To Manage What is the Right to Manage? This is the right for flat owners on long leases to form a company to take over the management of their block of flats without purchasing the freehold. Previously the right

More information

An Introduction to. The Right To Manage

An Introduction to. The Right To Manage An Introduction to The Right To Manage A Seminar for the Annual Conference of the Property Litigation Association at Keble College, Oxford on 22 nd March 2013 by Christopher Heather, Tanfield Chambers

More information

WHAT CAN BE ACQUIRED? Heather Sargent and Tom Jefferies

WHAT CAN BE ACQUIRED? Heather Sargent and Tom Jefferies WHAT CAN BE ACQUIRED? Heather Sargent and Tom Jefferies Freehold 1. First and foremost, the tenants can acquire the building itself, known as the specified premises or the relevant premises. Appurtenant

More information

Retail Leases Amendment Act 2005 No 90

Retail Leases Amendment Act 2005 No 90 New South Wales Retail Leases Amendment Act 2005 No 90 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Retail Leases Act 1994 No 46 2 4 Amendment of Fines Act 1996 No 99 2 Schedule 1 Amendment

More information

Leasehold Management Policy

Leasehold Management Policy Author(s): Simon McCracken and Liz Evans Leasehold Management Policy Approved by: The Board Date: 3 rd December 2015 Date Published: 1 st January 2016 Version: Live 3.0 Review Date: December 2019 Contents

More information

LAW AND LEASE A barrister's blog about residential service charges

LAW AND LEASE A barrister's blog about residential service charges The Anchor Trust v Mr Tom Corbett & others [2014] UKUT 0510 (LC) Excerpts from the Landlord and Tenant Act 1985: sections 11-14 11. Repairing obligations in short leases. (1) In a lease to which this section

More information

A Leasehold Guide to Alterations for Flats

A Leasehold Guide to Alterations for Flats A Leasehold Guide to Alterations for Flats If you own a leasehold flat and wish to make alterations, this guidance note is designed to guide you through the process of obtaining landlord s consent through

More information

Collective Enfranchisement: Nuts & Bolts November The Participants. Tom Jefferies and Matthew Fraser. Landmark Chambers

Collective Enfranchisement: Nuts & Bolts November The Participants. Tom Jefferies and Matthew Fraser. Landmark Chambers Collective Enfranchisement: Nuts & Bolts November 2015 The Participants Tom Jefferies and Matthew Fraser Landmark Chambers Who are the participating tenants in a collective claim? 1. Subject to exceptions,

More information

Notice that you must leave. a brief guide for landlords and tenants. housing

Notice that you must leave. a brief guide for landlords and tenants. housing Notice that you must leave a brief guide for landlords and tenants housing Notice that you must leave This booklet explains the basic rules about bringing a residential tenancy (or licence) to an end:

More information

Service Charge Guide

Service Charge Guide Service Charge Guide Windsor Housing Association, Swaythling Housing Society Ltd, Drum Housing Association and Longwood Park registered as the Freeholder of your property are subsidiaries of Radian. Radian

More information

LAW AND LEASE A barrister's blog about residential service charges

LAW AND LEASE A barrister's blog about residential service charges (1) Paddington Basin Developments Limited (PBDL) (2) European Land and Property Limited (3) Paddington Basin Management Limited - and (1) Mr Raymond Grits (2) West End Quay Estate Management Limited (WEQEM)

More information

Deed of Guarantee (Limited)

Deed of Guarantee (Limited) Deed of Guarantee (Limited) IMPORTANT WARNING TO INTENDED GUARANTOR/S: By signing this document you agree to underwrite the rental and other responsibilities of the Tenant under his/her tenancy agreement.

More information

Tenure confusion: are shared ownership lessees assured tenants, long lessees or both? TRISTAN SALTER Five Paper October 2018

Tenure confusion: are shared ownership lessees assured tenants, long lessees or both? TRISTAN SALTER Five Paper October 2018 Tenure confusion: are shared ownership lessees assured tenants, long lessees or both? TRISTAN SALTER Five Paper October 2018 This article seeks to re-examine the case of Richardson v Midland Heart [2008]

More information

Landlord and Tenant Act, 1927.

Landlord and Tenant Act, 1927. Landlord and Tenant [17 & 18 GEO. 5. CH. 36.] ARRANGEMENT OF SECTIONS. A.D. 1927. PART I. COMPENSATION FOR IMPROVEMENTS AND GOODWILL ON TIIE TERMINATION OF TENANCIES OF BUSINESS PREMISES. Section. 1. Tenant's

More information

La w of forfeiture faced with radical reform An overview of the Landlord and Tenant (Termination of Tenancies) Bill

La w of forfeiture faced with radical reform An overview of the Landlord and Tenant (Termination of Tenancies) Bill La w of forfeiture faced with radical reform An overview of the Landlord and Tenant (Termination of Tenancies) Bill Received (in revised form): 5 December 2006 Guy Walton works as an In-House Real Estate

More information

LEASEHOLD MANAGEMENT POLICY Responsible Officer Director of Customer Services

LEASEHOLD MANAGEMENT POLICY Responsible Officer Director of Customer Services LEASEHOLD MANAGEMENT POLICY Responsible Officer Director of Customer Services Aim of the Policy Phoenix is committed to providing high quality management and maintenance services to leaseholders and meeting

More information

Government Consultation in Tackling Unfair Practices in Leasehold. Response from Association of Retirement Housing Managers (ARHM)

Government Consultation in Tackling Unfair Practices in Leasehold. Response from Association of Retirement Housing Managers (ARHM) Government Consultation in Tackling Unfair Practices in Leasehold Response from Association of Retirement Housing Managers (ARHM) The ARHM represents management organisations who together manage around

More information

K/S Victoria v House of Fraser: Where are we now?

K/S Victoria v House of Fraser: Where are we now? K/S Victoria v House of Fraser: Where are we now? John Randall QC The question of whether the liability of a tenant s guarantor can survive an assignment has been debated since 1996 Sandi Murdoch, Estates

More information

LIVING IN LEASEHOLD FLATS

LIVING IN LEASEHOLD FLATS ASSOCIATIONOF RETIREMENTHOUSING MANAGERS ASSOCIATION OF RESIDENTIAL MANAGING AGENTS LIVING IN LEASEHOLD FLATS A guide to how it works, your rights and responsibilities Introduction As the purchaser, or

More information

Leasehold Property - Lease Extensions

Leasehold Property - Lease Extensions Introduction This guide is designed to illustrate the requirements and process involved in lease extensions under the Leasehold Reform, Housing and Urban Development Act 1993, and is designed to be a summary

More information

TENANCY AGREEMENT for letting a furnished/unfurnished dwelling-house on an assured shorthold tenancy under Part 1 of the Housing Act 1988

TENANCY AGREEMENT for letting a furnished/unfurnished dwelling-house on an assured shorthold tenancy under Part 1 of the Housing Act 1988 TENANCY AGREEMENT for letting a furnished/unfurnished dwelling-house on an assured shorthold tenancy under Part 1 of the Housing Act 1988 DATE PARTIES 1. THE Landlord 2. THE Tenant Any reference to one

More information

Leases (S.566) Manual Part

Leases (S.566) Manual Part Leases (S.566) Manual Part 19-2-21 Document last reviewed May 2017 1 Leases (S.566) 21.1 A lease is a particular form of wasting asset which is subject to special rules. For Capital Gains Tax purposes,

More information

Guidance. For use in England and Wales only. Form N5B - Claim for possession of property (accelerated procedure)

Guidance. For use in England and Wales only. Form N5B - Claim for possession of property (accelerated procedure) Guidance For use in England and Wales only Form N5B - Claim for possession of property (accelerated procedure) Contents Introduction Before you begin Types of tenancy agreements Tenancies protected by

More information

LETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE)

LETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE) LETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE) This is the first of two letters which may be sent by the solicitors giving the Certificate

More information

Leasehold Management

Leasehold Management Leasehold Management Reference Purpose Owner Related documents Approved by HM23 This policy sets out Colne s approach to leasehold management. Operations Director Income Management policy Service Charge

More information

Private Housing (Tenancies) (Scotland) Bill [AS AMENDED AT STAGE 2]

Private Housing (Tenancies) (Scotland) Bill [AS AMENDED AT STAGE 2] Private Housing (Tenancies) (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section 1 Meaning of private residential tenancy 2 Interpretation of section 1 3 Power to modify schedule 1 4 Extended meaning

More information

NON-EXCEPTED AREAS - POLICY AND GUIDANCE (January 2016 Edition)

NON-EXCEPTED AREAS - POLICY AND GUIDANCE (January 2016 Edition) NON-EXCEPTED AREAS - POLICY AND GUIDANCE (January 2016 Edition) LEASEHOLD REFORM ACT 1967 ( the 1967 Act ) LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 ( the 1993 Act ) These Acts give home

More information

LAW AND LEASE A barrister's blog about residential service charges

LAW AND LEASE A barrister's blog about residential service charges Norwich City Council v Simon and Susanne Redford [2015] UKUT 0030 (LC) Large property-owning bodies, especially local authorities, can have a tendency for entirely practical reasons to allocate service

More information

LBL response to Lewis Silkin Comment

LBL response to Lewis Silkin Comment LBL response to Lewis Silkin Comment Lewis Silkin, solicitors with expertise in all aspects of social housing, were asked by the Independent Advisors to carry out a review the draft Shared Ownership Lease

More information

PURPOSE FOR WHICH TO BE USED

PURPOSE FOR WHICH TO BE USED The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 Made 30th March 2004 Laid before Parliament 6th April 2004 Coming into force 1st June 2004 The First Secretary of State, as respects

More information

Trent Road RTM Company Ltd

Trent Road RTM Company Ltd 29 December 2015 The Leasehold Owner 83 Trent Road Green Meadow Swindon SN25 3NG Dear Leaseholder Trent Road RTM Company Ltd I write to advise that the above company has been now been established in order

More information

A Mobile Homes & Caravan Parks Factsheet for You

A Mobile Homes & Caravan Parks Factsheet for You A Mobile Homes & Caravan Parks Factsheet for You Introduction: There are currently two levels of protection for the owners and occupiers of caravans (commonly called park homes ) stationed on protected

More information

Daniel Dovar. Tanfield Chambers, 2-5 Warwick Court, London, WC1R 5DJ T: +44 (0) E:

Daniel Dovar. Tanfield Chambers, 2-5 Warwick Court, London, WC1R 5DJ T: +44 (0) E: Daniel Dovar Daniel Dovar Year of call 1997 Daniel specialises in real property and leasehold law with an emphasis on landlord and tenant. A leading junior in the Legal 500 for Property Litigation, in

More information

COLLECTIVE ENFRANCHISEMENT

COLLECTIVE ENFRANCHISEMENT COLLECTIVE ENFRANCHISEMENT The right to enfranchise under the Leasehold Reform Housing and Urban Development Act 1993 as amended by the Commonhold and Leasehold Reform Act 2002 relates principally to the

More information

LETTING & MANAGMENT TERMS AND CONDITIONS

LETTING & MANAGMENT TERMS AND CONDITIONS LETTING & MANAGMENT TERMS AND CONDITIONS Thank you for instructing Blackstones Residential to act on your behalf in marketing your property for rental. Our terms and conditions are detailed in the following

More information

(name) of (address) of any tenant(s).

(name) of (address) of any tenant(s). ASSURED SHORTHOLD TENANCY AGREEMENT THIS AGREEMENT is made on (date) AND IS MADE BETWEEN: (name) of (address) ( the Landlord ); and (name) of (address) ( the Tenant ) NOW IT IS HEREBY AGREED as follows:

More information

DID ANYONE NOTICE? CHALLENGES TO THE VALIDITY OF PROPERTY NOTICES

DID ANYONE NOTICE? CHALLENGES TO THE VALIDITY OF PROPERTY NOTICES DID ANYONE NOTICE? CHALLENGES TO THE VALIDITY OF PROPERTY NOTICES Introduction Those involved in mixed-use developments will come across just about every type of property notice: o contractual break notices;

More information

Leaseholder Alterations and Improvement Request for Consent Form

Leaseholder Alterations and Improvement Request for Consent Form Leaseholder Alterations and Improvement Request for Consent Form Section 1 - Your Information 1.1 Applicant 1 Name: (must be the person named on the lease) 1.2 Applicant 2 Name: (must be a person name

More information

QUESTIONNAIRE TO ACCOMPANY THE CERTIFICATE OF TITLE (CllS land law COMMITTEE long FORM 6TH EDITION UPDATE)

QUESTIONNAIRE TO ACCOMPANY THE CERTIFICATE OF TITLE (CllS land law COMMITTEE long FORM 6TH EDITION UPDATE) NWFRS - Balfour Beatty Fire and Rescue - Questionnaire for Authority - Blackburn QUESTIONNAIRE TO ACCOMPANY THE CERTIFICATE OF TITLE (CllS land law COMMITTEE long FORM 6TH EDITION - 2008 UPDATE) GUIDANCE

More information

YORKSHIRE HOUSING ADMINISTRATION CHARGES

YORKSHIRE HOUSING ADMINISTRATION CHARGES Throughout the ownership of your property Yorkshire Housing may carry out additional work or services which are not covered by our management fee. On these occasions we charge a direct administration fee

More information

Tenancy Agreement. England & Wales

Tenancy Agreement. England & Wales Tenancy Agreement England & Wales Dated (1) THE LANDLORD (2) THE TENANT (3) [THE GUARANTOR] ASSURED SHORTHOLD TENANCY AGREEMENT relating to [description of the property] Contents Clause Page 1. Interpretation...

More information

Deregulation Act update

Deregulation Act update Deregulation Act update September 2015 The Deregulation Act 2015 introduces significant changes to tenancies of properties let on assured shorthold tenancies. This update summarises the changes and the

More information

subscribe here now! To access the Jacqui Joyce KEY This is a sample of the Landlord & Tenant Act 1954 Law Guide.

subscribe here now! To access the Jacqui Joyce KEY This is a sample of the Landlord & Tenant Act 1954 Law Guide. FREE DOWNLOAD of sample chapters! Landlord & Tenant Act 1954 Contents This is a sample of the Landlord & Tenant Act 1954. To access a, featuring all the chapters listed below, please here Please click

More information

Form prescribed for the purposes of Section 13(2) of the Housing Act 1988

Form prescribed for the purposes of Section 13(2) of the Housing Act 1988 Form prescribed for the purposes of Section 13(2) of the Housing Act 1988 Form 4B Housing Act 1988 section 13(2), as amended by the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order

More information

DRAFT POLICY ASSIGNMENT & SUBLETTING OF SHARED OWNERSHIP PROPERTIES. Author: Mike Ekoja, Home Ownership Manager (MK )

DRAFT POLICY ASSIGNMENT & SUBLETTING OF SHARED OWNERSHIP PROPERTIES. Author: Mike Ekoja, Home Ownership Manager (MK ) ITEM 9 MILTON KEYNES COUNCIL HOUSING FORUM 24 JUNE 2004 DRAFT POLICY ASSIGNMENT & SUBLETTING OF SHARED OWNERSHIP PROPERTIES. Author: Mike Ekoja, Home Ownership Manager (MK 253061) 1 Purpose 1.1 To brief

More information

Issues Relating To Commercial Leasing. AUSTRALIA Clayton Utz

Issues Relating To Commercial Leasing. AUSTRALIA Clayton Utz Issues Relating To Commercial Leasing AUSTRALIA Clayton Utz CONTACT INFORMATION Peter McMahon Clayton Utz 1 O'Connell Street, Sydney NSW 2000 +61 2 9353 4000 pmcmahon@claytonutz.com www.claytonutz.com

More information

TENANCIES AND RENT CONTROL (HURRICANE EMERGENCy) ACT. Act 3 of 1980

TENANCIES AND RENT CONTROL (HURRICANE EMERGENCy) ACT. Act 3 of 1980 TENANCIES AND RENT CONTROL (HURRICANE EMERGENCy) ACT Act 3 of 1980 Current Authorised Pages Pages Authorised (inclusive) byl.r.o. 1-8 1/1991 (Huricane Emergency) Note on Subsidiary Legislation (Hurricane

More information

Section 21 Procedure

Section 21 Procedure Section 21 Procedure Ben Fullbrook Introduction What is an Assured Shorthold Tenancy? The section 21 procedure: what, how and when to serve? What is the effect of the notice? 1 What is an Assured Shorthold

More information

Section 9 after Pattle

Section 9 after Pattle Section 9 after Pattle By Reuben Taylor 1. This paper examines the compensation code s approach to compensating a freehold owner for rental losses, with particular regard to section 9 and the decision

More information

Terms of Business, Landlord Insurances & Property Information (v2.0)

Terms of Business, Landlord Insurances & Property Information (v2.0) Terms of Business, Landlord Insurances & Property Information (v2.0) 1 General Agreements 1.1 By signing this document, The Landlord is appointing Belvoir! as The Agent. The Landlord confirms that he has

More information

Dealing with fixtures on a lease renewal A trap for the unwary? Tom Roscoe, Wilberforce Chambers. April 2014

Dealing with fixtures on a lease renewal A trap for the unwary? Tom Roscoe, Wilberforce Chambers. April 2014 Dealing with fixtures on a lease renewal A trap for the unwary? Tom Roscoe, Wilberforce Chambers April 2014 Introduction 1. In negotiations or proceedings for the renewal of a lease, parties often focus

More information

COMMERCIAL TENANCY AGREEMENT

COMMERCIAL TENANCY AGREEMENT COMMERCIAL TENANCY AGREEMENT (F I R S T E D I T I O N) revised Copyright Member Office Printed by Realw orks Live PARTIES Landlord: Tenant: Date: THIS AGREEMENT COMPRISES THE REFERENCE SCHEDULE AND COMMERCIAL

More information

Tenancy Deposit Scheme for Landlords Membership Rules

Tenancy Deposit Scheme for Landlords Membership Rules Who should read this? Key Documents Tenants Agents Landlords Tenancy Deposit Scheme for Landlords Membership Rules 6th Edition, revised 20th March 2018 Effective from 2nd April 2018 Contents Definitions

More information

Private Rented Sector Tenants Energy Efficiency Improvements Provisions

Private Rented Sector Tenants Energy Efficiency Improvements Provisions Private Rented Sector Tenants Energy Efficiency Improvements Provisions Guidance for landlords and tenants of domestic property on Part Two of the Energy Efficiency (Private Rented Property) (England and

More information

The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of

The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of The Landlord & Tenant Act 1954 and Security of Tenure The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of premises which are occupied for business purposes.

More information

SCOTTISH GOVERNMENT RESPONSE TO PRIVATE RENTED HOUSING (SCOTLAND) BILL STAGE 1 REPORT

SCOTTISH GOVERNMENT RESPONSE TO PRIVATE RENTED HOUSING (SCOTLAND) BILL STAGE 1 REPORT SCOTTISH GOVERNMENT RESPONSE TO PRIVATE RENTED HOUSING (SCOTLAND) BILL STAGE 1 REPORT I am writing in response to the Local Government and Communities Committee s Stage 1 Report on the Private Rented Housing

More information

OPINION OF SENIOR COUNSEL FOR GLASGOW ADVICE AGENCY (HOUSING BENEFIT AMENDMENTS

OPINION OF SENIOR COUNSEL FOR GLASGOW ADVICE AGENCY (HOUSING BENEFIT AMENDMENTS OPINION OF SENIOR COUNSEL FOR GLASGOW ADVICE AGENCY (HOUSING BENEFIT AMENDMENTS 1. By email instructions of 9 February 2013, I am asked for my opinion on questions relative to the imminent introduction

More information

Before: THE PRESIDENT OF THE QUEEN'S BENCH {SIR ANTHONY MAY) LORD JUSTICE JACOB MR JUSTICE LEWISON. Between: VANDAL FOOTWEAR LTD.

Before: THE PRESIDENT OF THE QUEEN'S BENCH {SIR ANTHONY MAY) LORD JUSTICE JACOB MR JUSTICE LEWISON. Between: VANDAL FOOTWEAR LTD. Case No: Al/2009/0846 Neutral Citation Number:!20091 EWCA Civ 1478 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE TECHNOLOGY AND CONSTRUCTION COURT QBD (HIS HONOUR

More information

Order of the Tenancy Tribunal

Order of the Tenancy Tribunal Order of the Tenancy Tribunal Residential Tenancies Act 1986 Office of the Tenancy Tribunal Tenancy Tribunal at Dunedin Tenancy Address 20 Lewin Street, Balclutha 9230 Applicant Full Name Jordan Aaron

More information

Enfranchisement and lease extension A short guide

Enfranchisement and lease extension A short guide Enfranchisement and lease extension A short guide Real Estate Private Client Corporate Law CONTENTS Introduction 2 The collective right to enfranchise 4 What is it? 4 How do I prepare for a claim? 4 How

More information

TO AIR B&B OR NOT TO AIR B&B? Oliver Radley-Gardner and James Tipler. Falcon Chambers.

TO AIR B&B OR NOT TO AIR B&B? Oliver Radley-Gardner and James Tipler. Falcon Chambers. TO AIR B&B OR NOT TO AIR B&B? Oliver Radley-Gardner and James Tipler Falcon Chambers www.falcon-chambers.com twitter: @falconchambers1 At the date of writing there are over 300 properties in central London

More information

Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954.

Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954. LEASE RENEWALS THE LANDLORD AND TENANT ACT 1954 Overview: Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954. The Act broadly

More information

ASSURED SHORTHOLD TENANCY AGREEMENT

ASSURED SHORTHOLD TENANCY AGREEMENT Talbot Property Partners 870 The Crescent Colchester Business Park Colchester Essex CO4 9YQ Tel: 020 3161 6001 Fax: 020 3161 6011 ASSURED SHORTHOLD TENANCY AGREEMENT The PROPERTY The LANDLORD of Talbot

More information

AGREEMENT for an Assured Shorthold Tenancy under Part 1 of the Housing Act 1988

AGREEMENT for an Assured Shorthold Tenancy under Part 1 of the Housing Act 1988 AGREEMENT for an Assured Shorthold Tenancy under Part 1 of the Housing Act 1988 NOTES: This is a form of legal document and is not produced or drafted for use, without technical assistance, by person unfamiliar

More information

TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET RESPONSE OF ANTHONY COLLINS SOLICITORS LLP ( ACS )

TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET RESPONSE OF ANTHONY COLLINS SOLICITORS LLP ( ACS ) DEPARTMENT FOR COMMU NITIES AND LOC AL GOVERNMENT TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET RESPONSE OF ANTHONY COLLINS SOLICITORS LLP ( ACS ) INTRODUCTION AND BACKGROUND TO THE ACS RESPONSE ACS

More information

SELLER S GUIDE INTRODUCTION SELLER S PACK REQUEST FORM RETIREMENT PROPERTIES APPENDIX

SELLER S GUIDE INTRODUCTION SELLER S PACK REQUEST FORM RETIREMENT PROPERTIES APPENDIX Transfer of Property A standard guide to our fees and requirements SELLER S GUIDE INTRODUCTION PAGE 02 SELLER S PACK PAGE 03 REQUEST FORM PAGE 04 RETIREMENT PROPERTIES PAGE 06 APPENDIX PAGE 11 Version

More information

CJC response to the DCLG consultation on: TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET

CJC response to the DCLG consultation on: TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET September 2017 CJC response to the DCLG consultation on: TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET General remarks: There has been widespread support for the Government s move to reform leasehold

More information

Assured and Assured Shorthold Tenancies. A guide for landlords. housing

Assured and Assured Shorthold Tenancies. A guide for landlords. housing Assured and Assured Shorthold Tenancies A guide for landlords housing Assured and Assured Shorthold tenancies Who should read this booklet? You probably need to read this booklet if you are letting, or

More information

ASSIGNMENT OF LEASES. Presented by Andrew Brown, Principal Brown & Associates, Commercial Lawyers. 8 March 2016

ASSIGNMENT OF LEASES. Presented by Andrew Brown, Principal Brown & Associates, Commercial Lawyers. 8 March 2016 ASSIGNMENT OF LEASES Presented by Andrew Brown, Principal Brown & Associates, Commercial Lawyers 8 March 2016 CLE Papers 8 March 2016 CONTENTS Page No Scope of Paper 2 A. Preliminary matters 1. Be clear

More information

Recovering the Costs of Leasehold Management

Recovering the Costs of Leasehold Management Recovering the Costs of Leasehold Management CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015 The Challenge A New Mindset The Basic Idea Sample Clauses Types of costs

More information

Burnetts Assured Shorthold Tenant Eviction Scheme

Burnetts Assured Shorthold Tenant Eviction Scheme Burnetts Assured Shorthold Tenant Eviction Scheme Here at Burnetts we have a wealth of experience in dealing with the legal problems which both private and public landlords face on a daily basis. We are

More information

HSBC plc v Dyche, HSBC plc v Collelldevall [2009] EWHC 2954 High Court

HSBC plc v Dyche, HSBC plc v Collelldevall [2009] EWHC 2954 High Court UNLOCKING LAND LAW Update August 2011 Thompson v Foy [2010] 1 P & CR 16 High Court Issues: Actual occupation; priority under Land Registration Act 2002; undue influence and proprietary estoppel Facts:

More information

Request for Alterations Information Request

Request for Alterations Information Request Leasehold Unit Information Request for Alterations Information Request Introduction Thank you for your recent request to make an alteration to your leasehold property. HomeGround Management Ltd are appointed

More information

SHEPHERDS BUSH HOUSING ASSOCIATION LEASE EXTENSION POLICY

SHEPHERDS BUSH HOUSING ASSOCIATION LEASE EXTENSION POLICY (UNCONTROLLED WHEN PRINTED) SHEPHERDS BUSH HOUSING ASSOCIATION 1. INTRODUCTION Shepherds Bush Housing Association (SBHA) recognises the desire of residential leaseholders to extend the term of their lease

More information

Assured Shorthold Tenancy - Possession For Arrears

Assured Shorthold Tenancy - Possession For Arrears Assured Shorthold Tenancy - Possession For Arrears Reports in recent press have highlighted the huge rise in rent arrears in the rented housing sector (both social housing and private landlord) in the

More information

DATED ASSURED SHORTHOLD TENANCY AGREEMENT. relating to [DESCRIPTION OF THE PROPERTY] between THE LANDLORD.

DATED ASSURED SHORTHOLD TENANCY AGREEMENT. relating to [DESCRIPTION OF THE PROPERTY] between THE LANDLORD. DATED 2012 ------------ ASSURED SHORTHOLD TENANCY AGREEMENT relating to [DESCRIPTION OF THE PROPERTY] between THE LANDLORD and THE TENANT CONTENTS CLAUSE 1. Interpretation... 1 2. Grant of the Tenancy...

More information

Civil and Administrative Tribunal New South Wales

Civil and Administrative Tribunal New South Wales Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hearing dates: Date of orders: Decision date: Jurisdiction: Before: Decision: Catchwords: Lam v Somchanmavong [2016] NSWCATCD

More information

THE SUPREME COURT DENIS MEAGHER AND MIRIAM MEAGHER AND LUKE J. HEALY PHARMACY LIMITED

THE SUPREME COURT DENIS MEAGHER AND MIRIAM MEAGHER AND LUKE J. HEALY PHARMACY LIMITED THE SUPREME COURT No. 173/2005 Fennelly J. Finnegan J. O Donnell J. BETWEEN: DENIS MEAGHER AND MIRIAM MEAGHER PLAINTIFFS/APPELLANTS AND LUKE J. HEALY PHARMACY LIMITED DEFENDANT/RESPONDENT Judgment of Mr

More information

BUSINESS LEASES THE 2004 CHANGES. Katharine Holland Landmark Chambers

BUSINESS LEASES THE 2004 CHANGES. Katharine Holland Landmark Chambers BUSINESS LEASES THE 2004 CHANGES Katharine Holland Landmark Chambers 1. The Principal Objective of the Changes 1.1 The stated objective of the Office of the Deputy Prime Minister when introducing the amendments

More information

TENANCY DEPOSIT SCHEME. THE REQUIREMENT AND IMPRICIATIONS OF NON-COMPLIANCE Vince Blake-Barnard

TENANCY DEPOSIT SCHEME. THE REQUIREMENT AND IMPRICIATIONS OF NON-COMPLIANCE Vince Blake-Barnard TENANCY DEPOSIT SCHEME THE REQUIREMENT AND IMPRICIATIONS OF NON-COMPLIANCE Vince Blake-Barnard Research by the Centre for Economics and Business Research in February 2016, revealed that one landlord in

More information

The 18 Month Rule and Billing

The 18 Month Rule and Billing The 18 Month Rule and Billing Louise Turff Service Charge Construction Manager And Jennifer Dawn Capital Works (Actuals) Manager London Borough of Southwark S20B The Law Section 20B of the Landlord & Tenant

More information

BUSINESS PROPERTY LEASES

BUSINESS PROPERTY LEASES What is a lease? Freephone 0800 083 8018 BUSINESS PROPERTY LEASES 1 FACTSHEET 3 (2018) A lease is a legal agreement, drawn up in writing, which allows you to occupy and use a property for a certain length

More information

Tackling unfair practices in the leasehold market: A consultation paper Response from NAEA Propertymark September 2017

Tackling unfair practices in the leasehold market: A consultation paper Response from NAEA Propertymark September 2017 Background Tackling unfair practices in the leasehold market: A consultation paper Response from NAEA Propertymark September 2017 1. NAEA Propertymark (National Association of Estate Agents) is the UK

More information

The Tenancy Deposit Scheme

The Tenancy Deposit Scheme www.housingrights.org.uk @housingrightsni Policy Briefing The Tenancy Deposit Scheme November 2015 1.0 Introduction The Minister for Social Development launched a fundamental review of the private rented

More information

Residential Buy to Let Landlords Administration of Estates

Residential Buy to Let Landlords Administration of Estates Residential Buy to Let Landlords Administration of Estates What you need to know Many people invest in a buy to let property as part of their portfolio of investments. The law and procedure in relation

More information

Assured and Assured Shorthold Tenancies. A guide for tenants. housing

Assured and Assured Shorthold Tenancies. A guide for tenants. housing Assured and Assured Shorthold Tenancies A guide for tenants housing Assured and Assured Shorthold tenancies Who should read this booklet? You probably need to read this booklet if you are renting, or thinking

More information

THE DELHI RENT ACT, 1995 ARRANGEMENT OF SECTIONS

THE DELHI RENT ACT, 1995 ARRANGEMENT OF SECTIONS SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Certain provisions not to apply to premises. 4. Registration of tenancy agreements. 5. Inheritability of tenancy. THE DELHI RENT ACT,

More information

DATE OF LEASE 20 SPECIMEN

DATE OF LEASE 20 SPECIMEN LR1. DATE OF LEASE 20 LR2. LR2.1 LR2.2 LR3. LR4. LR5. LR6. TITLE NUMBER(S) LANDLORD'S TITLE NUMBER(S) OTHER TITLE NUMBERS PARTIES TO THIS LEASE LANDLORD ADDRESS COMPANY NO. TENANT ADDRESS GUARANTOR PROPERTY

More information