Insights

Industry comment, updates and news from the Websters team.

Landlords of multi-let buildings beware: more time for landlords to register

Saturday, April 11th, 2015 in Commercial, Landlord, Managing Agent, News, Residential

Helen Pickard of Nabarrows reports that The new Heat Network (Metering and Billing) Regulations 2014 have now been amended, which is good news for landlords, as the New Regulations give them more time to register.
Under the New Regulations, landlords of multi-let buildings that have a central plant for heating and/or cooling systems must register with the National Measurement Office by 31 December 2015 (and not 30 April 2015 as previously required)
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Stronger support against rogue landlords

Tuesday, March 10th, 2015 in Landlord, Managing Agent, News, Residential

The government has published amendments to the Deregulation Bill that would stop the small minority of rogue landlords evicting tenants simply for asking for essential repairs to be made. The move is also designed to strike the right balance, so the provisions only target bad landlords and cannot be used by tenants to frustrate legitimate evictions.

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Flipping service charge

Tuesday, March 10th, 2015 in Commercial, Landlord, Managing Agent, News, Residential

DAC Beachcroft has reported that a landlord of a multi-let building or estate will often have leases which fall for renewal at different times. Old service charge provisions will require review and possibly updating to account for new services being provided in the modern age.

Landlords will generally wish to avoid the administrative hassle involved in managing two or more different service charge régimes. One way of doing so, recommended by the service charge code, is to include two service charge provisions within new leases.

Read the full article here

Help protect yourself from property fraud

Friday, February 27th, 2015 in Commercial, Landlord, Managing Agent, News, Residential

The Land Registry has issued a reminder that property fraud can happen in many ways. Fraudsters may attempt to acquire ownership of a property either by using a forged document to transfer it into their own name, or by impersonating the registered owner. Once they have raised money by mortgaging the property without the owner’s knowledge, they disappear without making repayments leaving the owner to deal with the consequences. If your property is registered, making sure we can contact you will provide you with better protection against fraudsters.

More information is available here

Is the (Third) Party Over for Apportionment of Service Charge (Part Two)?

Monday, January 26th, 2015 in Landlord, Managing Agent, News, Residential

Wendy Miller of Berwin Leighton Paisner reports that in two recent cases decided that the 1985 Landlord and Tenant Act makes void any provision in a lease of a dwelling that the apportionment of service charge will be determined “in a particular manner” such as by the landlord’s surveyor. In addition, where an intermediate lease allows the freeholder’s surveyor to determine the apportionment of service charge, that provision will also be void, even though the freeholder has no direct contractual relationship with the residential end user tenants.

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Is terrorism a “usual comprehensive risk”?

Monday, January 12th, 2015 in Landlord, Managing Agent, News, Residential, Service Charge

Joseph Preisner of Field Seymour Parkes Landlords need to consider carefully whether terrorism insurance is appropriate and the cost recoverable. In a recent case it was decided that the obligation on the landlord to insure against explosion may translate as a requirement to insure against terrorism and that the obligation on the tenant to cover the cost of insurance may also extend to terrorism insurance.

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This is the self-regulation society

Monday, December 8th, 2014 in Commercial, Landlord, Managing Agent, News, Residential

Lynn James of dwf has highlighted a report in Estates Gazette about the fact that the leasehold management sector is currently unregulated. This has led to inconsistencies in the way in which leasehold schemes are managed. ARMA previously lobbied Government for many years for a statutory regulatory scheme and, although this was considered by the Labour administration, the coalition Government decided in 2010 not to proceed with the proposals. In response to this the ARMA-Q regime has been formulated.

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Landlord Has Limited Liability for Nuisance of Tenant

Wednesday, November 12th, 2014 in Commercial, Landlord, Managing Agent, News, Residential

Kerman & Co has reported that when a tenant causes a nuisance to other tenants or to people nearby, the tenant is obviously the person responsible for the nuisance. However, can the landlord also be held liable since the landlord allowed the tenant to be in the position to create a nuisance in the first place? That was the question before the Supreme Court….

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Lender/landlord guidance on dealing with borrower’s/tenant’s goods

Sunday, October 19th, 2014 in Landlord, Managing Agent, News, Residential

Milton McIntosh from Excello Law reports that, in the recent case of Campbell v Redstone Mortgages [2014], concerned a long-running residential mortgage possession claim, the High Court has provided useful clarification on how goods left in a property by an evicted borrower or tenant are to be dealt with by a lender or landlord after they recover possession.

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