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

Lease Agreement
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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104 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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103 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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248 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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136 Hits

As a landlord, can I avoid the Housing Regulations?

Lease-Agreement
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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135 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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208 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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439 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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670 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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454 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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703 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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533 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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481 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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448 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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392 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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612 Hits

Updates to the Furlough scheme

Updates to the Furlough scheme
Following the Chancellor's announcement earlier this month regarding the extension to the Furlough scheme, HM Treasury has now published The Coronavirus Act 2020 Functions of her Majesty's Revenue and Customs (Coronavirus Job Retention Scheme) Direction. In short, the fourth Treasury Direction: Formally extends the Coronavirus Job Retention Scheme ...
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774 Hits

Companies House launches new learning tool for flat management company directors

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Directors of a right to manage ("RTM") company often lack company law knowledge. This issue can be overcome by instructing a professional advisor, but these leaves you wholly reliant on their advice. Furthermore, without a basic understanding, you may not be able to gauge who really is a professional advisor. This is a well-known issue and one whic...
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588 Hits

Bailiffs in Lockdown

Bailiffs in Lockdown
The Government has confirmed the details of the "Winter Truce" outlined in our article from September. The Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP has now written to several associations representing certificated bailiffs and High Court enforcement officers. Winter TruceIn the letter he requested that they not to c...
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693 Hits

Law Commission Report: Exercising the Right to Manage

Law Commission Report: Exercising the Right to Manage
Last year the Law Commission began its consultation on proposed changes to the right to manage (the "RTM"). The final report has now been published which can be found here; we examine the key recommendations below. Premises in which the RTM is availableKey recommendations:RTM should be exercisable in respect of leasehold houses as well as flats.Pre...
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305 Hits

Property Litigation News Roundup

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2020 has been an unpredictable year and has had a big impact on the property market. It is easy to focus on the negative news, however the have been some positives over the last few months. Below we round up some of the more positive news stories this month:MortgagesAt their recent party conference, the Government has pledged to fix the broken...
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837 Hits

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