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Landlord and tenant – residential

Tate peeping – CA decision

We reported in our March 2019 edition (p24) on the case brought by the owners of luxury flats adjacent to the Tate Gallery. They applied for an injunction to prevent members of the public from looking directly into their flats from a viewing gallery constructed at the Tate Modern museum.
 
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MEES – domestic rentals reminder

We last reported on the MEES Regulations in our May 2019 edition (p24). The Domestic Minimum Energy Efficiency Standard (MEES) Regulations set a minimum energy efficiency level for domestic private rented properties. The regulations apply to all domestic private rented properties that are:
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‘Elevation’ – front and rear of building

 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property.
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Tenant Fees Act – permitted payments

Just a reminder that from 1 June 2019, the only payments that landlords or letting agents can charge to tenants in relation to new contracts are:
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Tenant Fees Act 2019 – fully into force

We have reported in our March 2019 (p27) and May 2019 (p28) editions on the introduction of the Tenant Fees Act which came into force for new tenancies and licences to occupy on 1 June 2019. The Act outlaws letting fees paid by T to L (or their agent) in the private rented sector and imposes a cap on tenancy deposits in England. The Act aims to reduce the costs that Ts must pay at the beginning of a tenancy.
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Prescribed information form – defective

For any AST which started after 6 April 2007, L must put the deposit in a tenancy deposit scheme (TDS) and L must give T prescribed information about the TDS within 30 days of taking the deposit. It is the information which is prescribed not the form. If the prescribed information is not served, L is liable to T for a penalty of up to three times the deposit sum and, crucially, L cannot serve a valid s21 notice. So far, so familiar. 
 
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Pet rent – permissible

The excellent Pain Smith blog reminds us about the Tenant Fees Act 2019 (which we reported on in our previous editions – March 2019 (p27) and May 2019 (p28)). The Act outlaws letting fees paid by Ts to L (or their agents) in the private rented sector and imposes a cap on tenancy deposits in England. The Act aims to reduce the cost that Ts must pay at the beginning of a tenancy and came into force on 1 June 2019.
 
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Right to manage – proposals

The above article also summarises some of the key reforms suggested in relation to the right to manage (RTM): 
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Leasehold reform – proposals

We do not usually report on issues which are merely at the consultation stage. However, we will make an exception for a very helpful article which updates on residential tenure reform. There are a number of overlapping concerns regarding leasehold matters in the conveyancing market – these may impact directly on practitioners if client complaints in relation to poor leasehold advice gain traction.
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Letting agency - masquerading as membership club

A London trading standards team recently prosecuted a director of a company for setting up what was described as a member's club, but which in reality was a lettings agency. The purpose of such was to avoid tenancy legislation. The club pressured Ts into signing contracts without reading them and charged a non-refundable 'joining fee' and 'membership fee' worth a month's rent instead of a deposit.

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