In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the demise. Definition of...
Statutory provisions Section 143 of the Law of Property Act 1925 provides that where a licence is granted to a tenant to do any act, the licence, unless otherwise...
A charity may be involved in a construction project: • to fulfil its charitable objectives (eg the construction of social housing) • to provide office or other...
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...
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...
Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy and the amount...
Meaning of rebuilding Depending on context, the Court of Appeal confirmed that rebuilding meant more than the reconstruction of the existing buildings. The...
Please note that the obligations to make reasonable adjustments to the physical feature of common parts are not yet in force. Therefore, until such time as they are, this...
Common law—implied terms Reasonable care and skill Where a purchaser buys a house from a builder: • in the course of construction, or • who contracts to build it common...
A leasehold valuation tribunal (LVT) decision (W. Redmile & Sons v Butts MAN/00CF/LBC/2011/0002 and 0003) dealt with alleged breaches of covenant by two sets of tenants...
Without some express or implied permission, a tenant is not permitted to make alterations outside of the demised premises: such access or works will constitute a trespass...
Brexit impact This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice...
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...
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...
STOP PRESS: The Renting Homes (Wales) Act 2016 is not yet in force. However, when it does come into force, it contains new provisions requiring the landlord to make sure...
Introduction The purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...
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...
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...
