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New Coronavirus Debt Legislation - The Commercial Rent (Coronavirus) Bill

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The Government published its draft Commercial Rent (Coronavirus) Bill on 11 November 2021. It is intended that the Bill is passed into Law by 25 March 2022, but this is subject to the approval of Parliament. The Government also published a new Code of Conduct for Landlords and Tenants relating to Coronavirus Rent Debt.The main purpose of the Code a...
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116 Hits

The Arbitration Process Under the New Coronavirus Debt Legislation

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The new Arbitration process will apply to unpaid rent arrears due under Business Tenancies within a ringfenced period. The ringfenced period will begin from 21 March 2020 and will end on the date that the restrictions were removed from the Business Tenants' Sector, enabled it to re-commence trading. This will be the earlier date of 18 July 2021 or ...
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68 Hits

Reforming Ground Rent

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At the start of this year, the government announced a raft of proposed leasehold reforms. We covered this announcement here. Further progress has been made on The Leasehold Reform (Ground Rent) Bill. Last month, the Bill received its second unopposed reading in the House of Commons. The Bill, which has already been passed by the House of Lords, wil...
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115 Hits

Supreme Court to decide on Tate Gallery nuisance case

Supreme Court to decide on Tate Gallery nuisance case
The Court of Appeal decision in the case of Fearn and Others v Board of Trustees of The Tate Gallery [2020] EWCA Civ 104 has been appealed to the Supreme Court. Facts of the caseThis case relates to a viewing platform which was constructed at The Tate Gallery. It overlooks a nearby residential block of flats which is constructed mainly of glass. Th...
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189 Hits

CCTV cameras, neighbour disputes and the Law

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The recent proliferation of CCTV cameras, including the often-mentioned Ring Doorbell, is beginning to cause disputes between neighbours complaining of lack of privacy. The first case directly dealing with these issues was decided by Her Honour Judge Mellissa Clarke in the Oxford County Court on 12 October 2021 [Dr Mary Fairhurst v John Woodard - O...
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544 Hits

Association of Leasehold Enfranchisement Practitioners (“ALEP”) Autumn Conference 2021

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Last week, Pinney Talfourd attended the ALEP Autumn Conference 2021. The conference covered topics such as: Enfranchisement, Rights of First Refusal, and Lease Extensions. However, considerable time was spent discussing the future of leasehold reform, specifically, the two following arears: Leasehold Reform (Ground Rent) Bill 2021On 21st July 2020,...
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882 Hits

October Possession Update

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As of 1st October 2021, The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 comes into force. The key impact of this is that notice periods are returned to their pre-pandemic levels. This means that for assured shorthold tenancy agreements in England the following notice periods will no...
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309 Hits

Lack of common intention between family prevents rectification of Land Registry form

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The decision of Sir Geoffrey Voss, Master of the Rolls has been handed down in the Court of Appeal in the case of Ralph v Ralph [2021] EWCA Civ 1106. This was a case where a father and son purchased a property together for which the father paid all outgoings, the son only joining in the purchase because the father could not get a mortgage.One solic...
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454 Hits

Can a tenant who wants to assign its lease be made to pay rent arrears as a condition of doing so?

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The Covid-19 Pandemic has drastically affected the economy. It has heralded new legislation that has changed the landscape in which landlord and tenant relationships in the commercial and residential spheres must now operate. Further legislation is on the horizon for a new scheme for dealing with rent arrears as detailed in our article here. In the...
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327 Hits

As a landlord, can I avoid the Housing Regulations?

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Most residential properties are let to occupiers as an Assured Shorthold Tenancy or an Assured Tenancy.  The use of the term "assured" indicates security for the tenant. However, security of occupation of a residential property is far from certain. The balance of power between a landlord and tenant is often viewed negatively by a landlord when...
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  305 Hits
305 Hits

Housing Update - August 2021

Housing Update - August 2021
We are fast approaching 1st October; the date set by the Government for residential notice periods to return to their pre-pandemic length. This date remains subject to public health advice and progress with the Roadmap, however given the progress made, it does seem likely that this reversion will go ahead. For section 8 notices citing Ground 8(a) (...
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393 Hits

Kang and Another v Pattar – Construction Dispute Case

Kang and Another v Pattar – Construction Dispute Case
The recent case of Kang and Another v Pattar [2021] EWHC 1101 (Technology and Construction Court) concerned a typical construction dispute between dissatisfied homeowners and an unpaid builder. Facts of the caseAs is often the case, the homeowners argued the building work was defective and the builder argued that it was not defective, merely incomp...
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700 Hits

End of residential eviction ban and reduction in notice periods

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In March 2021, we covered the announcement of the Government's additional support package for residential tenants. This extended until 31st May 2021 the moratorium on enforcing possession orders and the requirement to provide 6 months' notice for residential evictions. The Government has now announced its proposed timeline for reverting t...
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897 Hits

Extension to ban on evicting commercial and residential tenants

Extension to ban on evicting commercial and residential tenants
In January 2021, we covered the Government's extension of the moratorium on enforcing possession orders until 22nd February 2021. The Government has now announced further additional support for commercial and residential tenants. This includes a ban on commercial evictions until 30th June 2021 together with a ban on residential evictions until 31st...
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641 Hits

Top tips on Ransom Strips

Top tips on Ransom Strips
A ransom strip is a small parcel of land whose ownership has been retained, often by a previous owner when a larger or adjoining portion of land has been sold. Typically, it runs alongside the boundary between more than one parcel of private land, or between private land and the public highway. Owning a ransom strip can be beneficial because of its...
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  1095 Hits
1095 Hits

To serve or not to serve?

To serve or not to serve?
Last August, we covered the regulations introduced by the Government to change to residential possession rules . One of the key changes was that the notice period for most notices was increased to six months. This change applied to notices served up until 31st March 2021. As the Government has not yet published any transition legislation, as things...
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608 Hits

Proposed Leasehold Reform: What we now know

Proposed Leasehold Reform: What we now know
At the start of last month, we covered the Government's announcement of proposed leasehold reforms. Pinney Talfourd recently attended a discussion group held by the Association of Leasehold Enfranchisement Practitioners (ALEP) on this subject. Below we cover some of the issues that emerged from this discussion. What will be in the legislation?Curre...
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575 Hits

New Right to Regenerate plots of land and derelict buildings - Consultation Launched

New Right to Regenerate plots of land and derelict buildings - Consultation Launched
On 16th January 2021, the Housing Secretary, Robert Jenrick MP, announced plans to enable the public to turn vacant plots of land and derelict buildings into community spaces and new homes. Broadly speaking, the plans will provide an opportunity for individuals and their local communities to transform, and take control of those areas blotting the l...
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  579 Hits
579 Hits

Government announces extension of Christmas “truce” for renters facing eviction

Government announces extension of Christmas “truce” for renters facing eviction
In September 2020 the Government announced a Christmas "truce" for renters facing eviction. The Government has now announced an extension on this "truce" until 21st February 2021. This means that bailiffs will not enforce possession orders until at least 22nd February 2021. The requirement to give an initial six-months' notice to vacate to tenants ...
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558 Hits

Major shake-up of laws relating to Leasehold Properties

Major shake-up of laws relating to Leasehold Properties
The Government has today announced substantial proposed changes to English property law which could benefit around 4.5 million leaseholders. Under the current rules, leaseholders of houses can only extend their lease once for 50 years with a ground rent. In comparison, leaseholders of flats can extend as often as they wish for 90 years at a zero-gr...
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798 Hits

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