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Painsmith Landlord & Tenant Blog
For those of you who use our telephone helpline we apologise but we are experiencing technical problems with our lines. We are doing our best to get the problem fixed. Meanwhile we ask you to bear with us. Filed under: England & Wales
We draw your attention to this recent decision of the Upper Tribunal which has caused a stir amongst leasehold lawyers. It relates to service charges but there is also some argument as to its effect on short residential leases (eg ASTs). In Beitov Properties Ltd v Elliston Martin [2012] UKUT 133 (LC) it has been [...]
Why do I need a tenancy agreement?
The simple answer to this question is that for most circumstances you do not strictly need a written agreement however if you don’t this can have unintended consequences! As regular followers of the blog will know the starting point for determining the terms and what you should do in a particular instance is the tenancy [...]
Wheel Clamping: Protection of Freedoms Act 2012
The 1st May 2012 saw the Protection of Freedoms Act being given Royal Assent. Whilst covering many areas this also introduced further regulation of wheel clamping and has, in effect, outlawed wheel clamping of vehicles on private land. The actual offence is set out in section 54 of the Act and provides that anyone found [...]
Any readers currently dealing with the courts ( e.g. possession hearings, bailiff appointments etc), be aware of proposed industrial action by court staff. A “work to rule” may be in operation and you may find the courts are slower than usual in dealing with matters between tomorrow and August with urgent cases being prioritised. You [...]
Recovery of Leaseholder’s Legal Costs
Most commercial and long residential leases contain provisions which enable the landlord to recover any legal costs that may be incurred, however due to the vast amount of case law surrounding this issue there is considerable uncertainty as to whether or not the landlord can recover these costs if they proceed through the Leasehold Valuation [...]
Most long leases require the Freeholder to insure and then to recover the premiums from the Leaseholders. In respect of residential leases Leaseholders have various rights. The starting point as always are the terms of the lease and what these allow the Freeholder to do and recover. It is important to consider but usually the [...]
Most long leases require the Freeholder to insure and then to recover the premiums from the Leaseholders. In respect of residential leases Leaseholders have various rights. The starting point as always are the terms of the lease and what these allow the Freeholder to do and recover. It is important to consider but usually the [...]
First Picture of the PROPERTYdrum conference.
Hope to see you there! Filed under: England & Wales, FLW Article Tagged: Propertydrum
Legionnaire’s Disease is contracted by inhaling droplets of water which contain the Legionella bacteria and those with weaker immune systems are particularly at risk. Although the Legionella bacteria can be found in most water systems, the main areas of risk are where the bacteria can multiply and increase to dangerous levels. This is where water [...]