Drafting Leases advice – Tenant’s property – The Torts (Interference with Goods) Act 1977

Most tenancy agreements stipulate obligations on the tenant to remove all of its goods at the end of the agreement. There is no guarantee, however, that the tenant will oblige in this. By leaving goods at the property, the landlord can inadvertently be put in a position he or she likely didn’t predict.

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Tenant services authority starts consultation on regulatory framework

The Tenant Services Authority has launched its consultation about the new regulatory framework. The consultation runs until 10 February 2012, and the new framework is expected to take effect on 1 April 2012. The new framework takes account of the new investment arrangements, ministerial directions to the regulator, and the Localism Act 2011.

Find out more on the National Housing Federation’s website here.

Judge rules Leasehold Service Charges covered by Consumer Protection Laws

Case Reference: Levitt v London Borough of Camden

A new case concerning a hot water system disagreement between leaseholder and freeholder in an apartment in the London Borough of Camden, has reached an important conclusion: a ruling that the Unfair Terms in Consumer Contracts Regulations apply to the service charge provisions of long leases. The decision in the present case could be determinative of contribution obligations if similar cases arise elsewhere under similar leases.

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Co-operative Housing Tenure Bill introduced into the Commons

The Labour MP for Stalybridge & Hyde, Jonathon Reynolds, has introduced a new Co-Operative Housing Tenure Bill into the House of Commons, as of 11 October 2011. He hopes to achieve recognition for the unique status of co-operative housing and, by doing so, boost investment in housing co-operatives and combat Britain’s housing shortage.

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Appeal Court case ends with ruling for tenant’s evictions for rent arrears.

A recent case in the Court of Appeal has ended with a ruling in favour of making lawful bankrupt tenant possession orders on grounds of rent arrears, a decision which could spell a significant blow to statutory insolvency protections, including bankruptcy and Debt Relief Orders, and the safety net they offer to debtors in the UK.

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Village Green legislation subject to change pending newly announced consultation

The 25th July saw Defra release a new consultation over proposals to change the legislation concerning the registration system for village and town greens. With reports of many legitimate development proposals being blocked by the complex green registration system, the Government is inviting the public to have their say on how this problem might be rectified.

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Terms of Lease Not Followed – No surveyor’s Certificate Appropriately Served Rendering renders 6 years of service charge demands invalid

It is extremely important not to assume that a freeholder has the legal right to demand a particular service charge; you must check the lease first. In the case of a flat at Marina Heights, St Leonard’s on sea, 6 years of service charge demands were held invalid as the charges were not certified by a surveyor as required by the lease.

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