‘LettingsFILE’

Specialist Solicitor Appointment in our Property Management Team

Tuesday, February 7th, 2012

Brethertons are delighted to announce the appointment of a new specialist solicitor within the firm’s Property Management team. Roger Hardwick joins Brethertons from a law practice in the Midlands. Roger’s sole focus is residential leasehold property. His work includes statutory lease extension, collective enfranchisement and right to manage claims; ground rent ...

Here Comes the Sun (and Electricity)

Tuesday, February 7th, 2012

Many leases contain stipulations that tenants may make alterations to their let property with the consent of the landlord and that such consent ‘will not be unreasonably withheld’. With the economic benefits attaching to the installation of solar panels, it was inevitable that at some point a tenant would seek to ...

Tenant Must Prove Improvement Claim

Tuesday, February 7th, 2012

When a tenant wishes to undertake works to the property they rent, the consent of the landlord is normally required. A lease will normally contain a clause outlining how a tenant’s improvements are to be treated for the purposes of setting the rent at the rent review. The inclusion or ...

Planning To Cash In On The 2012 Olympic By Letting Your Property….Think Again

Tuesday, February 7th, 2012

Landlords and Agents who are considering letting properties in London during the 2012 Olympic games should bear in mind S.25 of the Greater London Council (General Powers) Act 1973 (as amended by s.4 of the Greater London Council (General Powers) Act 1983) which provides:- (1) For the purposes of s.22(1) ...

Developments for 2012

Tuesday, February 7th, 2012

The Ministry of Justice has indicated it will be introducing a new criminal offence of squatting in residential premises – the new offence is expected to come into force in summer/autumn 2012. The offence would be committed where a person: • was in the building as a trespasser having entered as such; • knew or ...

Recent Developments

Tuesday, February 7th, 2012

Barnsley Metropolitan Borough Council v Norton and others 2011 – The Court of Appeal held the County Court was correct to grant a possession order despite potential Disability Discrimination Act 1995 issues. The Court of Appeal held that whilst Barnsley Metropolitan Borough Council had breached its duties under the Disability Discrimination ...

Protecting Tenancy Deposits – Landlords beware!

Tuesday, February 7th, 2012

The Tenancy Deposit Scheme created under the Housing Act 2004 became compulsory for all residential assured shorthold tenancies created on or after 6 April 2007. The Scheme aims to: a) Protect tenants by preventing landlords from failing to return tenant’s deposits b) Protect landlords in the event a tenant abandons ...

Brethertons Achieves Law Society Conveyancing Quality Scheme Accreditation

Monday, November 14th, 2011

Brethertons LLP is delighted to announce that it has achieved accreditation with the Law Society’s Conveyancing Quality Scheme (CQS), the quality mark for residential property lawyers introduced earlier this year. Michael Dibben, Partner and Head of Conveyancing at Brethertons said: “This is an exceptional achievement for our conveyancing team. This ...

Assured Tenancies (Amendment of rental threshold) (Wales Order 2011)

Monday, November 14th, 2011

The above statutory instrument comes into effect from 1 December 2011. It increases the amount of annual rent above which a tenancy cannot be an Assured Tenancy from £25,000 to £100,000. This only applies to Wales because the threshold in England was increased by the same amount with effect ...

Granting Of Assured Shorthold Tenancy In Place Of An Assured Tenancy – Need For Service Of Notice

Monday, November 14th, 2011

The recent case of Kahlon v Isherwood 2011 EWCA CIV 602 involved the need for a notice to be served by a tenant under paragraph 7 (2) of Schedule 2A of the Housing Act 1988 before an Assured Tenancy could be replaced by an Assured Shorthold Tenancy. The facts of the ...