The Government has announced a number of reforms to end unfair practices which it says have been holding back Britain’s pubs. The proposals have been put forward by the Department for Business, Innovation and Skills (BIS) and are in response to the Select Committee’s Report on Pub Companies. They set out the details of a
The renewed interest in buy to let properties is spreading from London to other areas throughout the UK, according to new research. The Association of Residential Letting Agents (ARLA) and the Residential Landlords Association (RLA) conducted a survey of their members. The results showed that 30% of buy to let landlords in the North East
The Office of Fair Trading (OFT) has warned that consumer landlords are still being presented with potentially unfair terms in contracts with some letting agents. The warning follows the enforcement case last year against Foxtons for breaching the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR). Foxtons agreed to amend some of its terms concerning
Many buy to let landlords buying a new property rely on the valuation carried out by the surveyor acting on behalf of the mortgage lender. Until now they have been reasonably secure in doing so because the law accepted that these surveyors owed a duty of care to the purchaser. It meant that if the
The Court of Appeal has ruled that a landlord did not have to decorate a disabled tenant’s flat so that he could fully “enjoy” the property. The case involved a tenant who suffered from epilepsy. The tenancy agreement required tenants to decorate and clean the property as often as was necessary to keep it in
A commercial tenant failed to exercise a break clause correctly because it was still carrying out repairs to the leased premises after the day it should have given up vacant possession. The case involved a company that had two break options on a warehouse that it leased. The first date was for April 2009 and
A corporate landlord has been left with a bill of £270,000 after failing to consult properly with tenants. The case involved five leaseholders at a block of flats which required major renovation. The landlord was entitled to recover most of the cost through service charges as long as there was full consultation with the tenants.
It is now four years since tenancy deposit protection schemes were introduced yet some people still don’t realise they are a legal requirement, according to the Residential Landlords Association (RLA). The RLA says it still gets calls from landlords and managing agents who have misunderstood the schemes and how they work. One landlord thought he
A property management company effectively validated a break clause notice by accepting it as an email – even though the lease required more formal notification. The case involved a tenant who leased commercial premises for a term of ten years starting on 1st March 2005. The break clause allowed for termination of the lease after
Great care is needed when drawing up restrictive covenants; if they are not tight enough they may not be effective, but if they are too restrictive the courts may not enforce them. A recent case gives a good insight into how the courts may view certain anti-competition clauses. It involved an estate agency and one