Status of the 2020 Code The Code for leasing business premises, RICS professional statement 2020 (the 2020 Code) was launched in February 2020 and is effective from 1...
The Heat Network (Metering and Billing) Regulations 2014, SI 2014/3120 came into force on 18 December 2014 and transpose parts of the Energy Efficiency Directive...
Goods are often left behind when a lease ends or a property is sold, especially following forfeiture by re-entry when there may have been no notice. The lease may deal...
A landlord's liability to a tenant for the state and condition of premises is generally determined by the terms of the tenancy. However, under Defective Premises Act 1972...
Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to ensure that the work is...
STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...
STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...
This Practice Note deals with the options available to commercial tenants where a landlord of commercial property has failed to comply with repairing obligations,...
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also...
This Practice Note discusses disrepair claims in relation to social housing, setting out the legal basis for a claim and other the relevant factors that need to be...
In the absence of an express covenant to repair in a lease, a landlord or tenant’s liability to repair will be limited, and in respect of landlords will depend on various...
Dear [insert organisation name], Re: [insert details of the premises] (‘the Property’) We act for [insert name of landlord] (‘the Landlord’) and refer you to the lease of...
Occupiers' Liability Act 1957 Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of care to all his visitors in respect of...
This Practice Note sets out the aims of the Pre-action Protocol for Housing Condition Cases (England) (the Protocol), in force from 13 January 2020, which applies to...
This Practice Note sets out the aims of the Pre-action Protocol for Housing Disrepair Cases (Wales) (the Protocol), in force from 13 January 2020, which applies to...
This Practice Note sets out the scope of and aims of the Pre-action Protocol for Housing Disrepair Cases (the Protocol), and the consequences of a failure to comply with...
The Pre-action Protocol for Housing Disrepair Cases (the ‘Protocol’) applies to residential property situated in England and Wales and relates to claims by tenants and...
STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...
In the absence of an express covenant to repair, the tenant's liability depends: • partly on the doctrine of waste, and • partly on an implied obligation to use the...
Landlord’s repair objectives The key aims for the landlord are to: • shift as much responsibility for the repair of the premises as it can onto the tenant, and • to...
Fitness for human habitation Implied covenant With effect from 20 March 2019, section 1 of the Homes (Fitness for Human Habitation) Act 2018 (H(FHH)A 2018) amends the...
Reinstatement of alterations can be very contentious. Landlords may be left with a property in an unlettable state or tenants may find that they are called upon to...
The Landlord and Tenant Act 1927 (LTA 1927) allows a tenant to serve notice stating its intention to carry out specified improvements. If the landlord either does not...
Vacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion. In Dreams v Pavilion Property Trustees,...
Unless there is clear wording to the contrary (eg a schedule of condition), a covenant to repair requires the tenant to undertake work that, having regard to the age,...
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems later on. In one...
