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Landlord and tenant – residential

Defective Premises Act – L liable

The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover.
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AST – security deposits capped

From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual rent is over £50,000). 
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Flat – keeping pets?

When acting for buyers of residential flats, practitioners are often asked to advise whether the incoming buyer can keep a pet at their flat – a situation which is often governed by the terms of the lease. 
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Lease extension – rent above a peppercorn?

A lease extension under LRHUDA 1993 requires the new lease to be for a time equal to the unexpired residue of the existing lease plus 90 years, at a peppercorn rent and otherwise generally on the same terms as the existing lease.
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Noise nuisance – liability?

A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows that T is causing a nuisance.
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‘Elevation’ – front and/or rear?

The UT has held that a covenant against making ‘any alteration in the elevation’ of a flat applied to alterations at the front or rear of the property.
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MEES – £3,500 cost

Under the MEES Regs it is unlawful for an L in the private rented sector to grant a new domestic tenancy, or renew an existing one, if the property does not have an EPC of E (or better). 
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Airbnb – summary

Most long lessees will be in breach if they regularly let their property out on Airbnb:
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Education – student accommodation

An educational institution will generally be well advised to organise student lets as fixed-term licences.
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The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
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