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Author Archive: Rhoda Honey

Who is the Landlord?

Posted by on November 9th 2018 in Litigation, Property

Who is the Landlord?

Barrow and another v Kazim and others [2018]

This case is a useful reminder that the person serving a Section 21 Housing Act 1988 notice must be the ‘Landlord’ at the date the notice is given.

The Legislation

Section 21 sets out the procedure for a landlord to end an assured shorthold tenancy (‘AST’).

In accordance with Section 45 of the Housing Act 1988, Landlord means:

any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured...

Landlords; Reminder to Obtain HMO Licence

Posted by on October 9th 2018 in Blog Posts, Litigation

The government has extended licensing provisions from 1 October 2018; this means that landlords who let out properties with any number of storeys that have 5 or more tenants, who aren’t related, and who share facilities like kitchens or lavatories, will require a licence from the local housing authority.

The government believes that the new rules will help to protect at least 850,000 more people in privately rented homes, from poor living conditions and overcrowding.

Failure to obtain a licence means that landlords could face enforcement action.

If you have a house in multiple occupation (“HMO”),...

Breaching a Lease Covenant

Posted by on October 8th 2018 in Blog Posts, Litigation

Breaching a Lease Covenant

Reiner & Anor v Triplark Ltd [2018] EWCA Civ 2151; a tenant of a flat, had breached a lease covenant for failing to obtain consent to assign her lease, despite the right to manage company failing to comply with statutory requirements.

In the above recent case of Reiner (4 October 2018), the tenant had requested consent to assign her lease, from the right to manage company (“RTM”) for the flats. The sole director of the RTM was the buyer. The RTM deliberately failed to notify the landlord of the proposed assignment in accordance with section 98(4) of the Commonhold and Leasehold...

Pinch Punch First of the Month

Posted by on October 1st 2018 in Blog Posts, Litigation

Pinch Punch First of the Month

Landlords; it’s 1st October 2018.

The Deregulation Act 2015 (“the Act”) now applies to all assured shorthold tenancies (“AST”), whether or not created on or before 1 October 2015 (when the provisions of the Act first came into force).  This means that a Section 21 Notice cannot be served unless the How to Rent Checklist, EPC and Gas Safety Certificate (if applicable) have been supplied to the tenant.

The Act

This note considers the impact of the Act on ASTs that commenced prior to 1 October 2015 and are still in existence, but the requirements of the Act have not been...

Landlords: Government Proposals for Minimum 3 year Residential Tenancy

Posted by on July 9th 2018 in Blog Posts

Landlords: Government Proposals for Minimum 3 year Residential Tenancy

The Ministry of Housing, Communities and Local Government (“MHCLG”) is proposing a minimum 3 year fixed term for residential tenancies, with a six month break clause. The main proposals are:

  1. A three-year term with an opportunity for either landlord or tenant to leave the agreement after the initial six months.

  2. Following the six-month break clause, the tenant would be able to end the tenancy by providing a minimum of two months' notice in writing.

  3. Landlords would be able to recover their property during the fixed term if they had reasonable grounds, similar to the grounds under Schedule 2 to the Housing Act 1988.

Landlords: are your tenants asking for energy efficient improvements?

Posted by on June 29th 2018 in Blog Posts, Litigation

Landlords: are your tenants asking for energy efficient improvements?

Landlords; you cannot unreasonably refuse your tenant’s request to make energy efficient improvements to your property.

This blog addresses a tenant’s request to make energy efficient improvements where an Assured Shorthold Tenancy is in place.  


The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962) (“MEES Regulations”) allows assured shorthold tenants of some types of residential property, to request the landlord’s consent to the tenant making energy efficient improvements to the property. The Landlord is required not to unreasonably refuse consent to the improvements being made, even if the tenancy agreement prohibits such alterations.


Tenant Not Obliged to Pay Service Charge

Posted by on June 11th 2018 in Blog Posts, Litigation

It was held that a tenant was not obliged to pay a service charge for heating, once a separate boiler had been installed. 

In the recent case of Saunderson v Cambridge Park Court Residents Association Limited Re: Cambridge Park Court [2018], the tenant (“T”) had a long lease in a block of flats, which had a communal heating system.

T had held the Lease since 1994 and had paid towards heating costs from that time.

The communal heating system was problematic and stopped altogether in 2008, when T’s flat ceased to have heating.

apartment, architecture, balcony

The Lease...

Landlords; are you Convinced your Tenant’s Left your Property and are Thinking of Changing the Locks? Think Again

Posted by on June 6th 2018 in Blog Posts, Litigation

Landlords; are you Convinced your Tenant’s Left your Property and are Thinking of Changing the Locks? Think Again

The case of Smith v Khan [2018] is a stark reminder to Landlords of the Protection from Eviction Act 1977.

The Landlord (K) in this case, granted an Assured Shorthold Tenancy to the Tenant (T) for a fixed term of 12 months commencing in June 2014. In March 2015, T, without telling anyone, travelled to Scotland to seek work leaving his wife (S) in occupation of the property. As K was concerned about the rent arrears, he gave S a letter purporting to give T notice to quit, on 1 April 2015.

S obtained advice that the notice was invalid, that she...

Residential Property Update

Posted by on February 20th 2017 in Blog Posts, Litigation

A reminder for Landlords entering into tenancy agreements in 2017:

The Energy Act 2011;

Since April 2016, tenants have been able to ask their landlord to make their property more energy efficient, if it has an EPC (Energy Performance Certificate) Grade below band E.

From April 2018, it will be unlawful for Landlords to let buildings with EPC Grades F and G.

Landlords will need to give early consideration to efficiency of a building and quickly take steps to make energy improvements.

Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 / Deregulation Act 2015:

This legislation only applies to Section 21 Notices...

Residential Property Leaflet: Volume 2

Posted by on April 24th 2015 in Blog Posts, Litigation

New Legislation concerning Tenancy Deposits in 2015:

Whether received before or after April 2007 ALL tenancy deposits must be secured and they must be done so before 23rd June 2015.

The creation of deposit schemes following the Housing Act 2004, made Landlords believe that a deposit need not be protected if received before 6th April 2007 when the Act came into force, unless a new tenancy agreement was granted.

Charalambous –v- Ng (2014);

This case shaped the way for security of tenancy deposits.

In this case the Landlord failed to protect the deposit, which was received in 2002, before the Act came into...

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