Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Property law weekly: Upper Tribunal RRO and forfeiture rulings, HMLR and TA6 updates, habitats assessment and biodiversity guidance, Flood Re warning, SDLT refunds, short-term let licensing guidance

Published on: 05 September 2024

Published by a LexisNexis Property expert
Legal News
imgtext
Article summary

In this issue:

  • Residential property
  • HM Land Registry updates Practice Guide 11 and form CNG
  • Leasing property
  • Property development
  • Insurance
  • Property taxes
  • Property in Scotland
  • LexTalk®Property: a Lexis®Nexis community
  • Additional property updates this week
  • Daily and weekly news alerts
  • Trackers

Residential property

No rent repayment order where sub-tenancies took effect as assignment

In Kumar v Kolev [2024] UKUT 255 (LC), [2024] All ER (D) 01 (Sep), the Upper Tribunal (Lands Chamber) (UT) upheld the appellant K’s challenge to a First-tier Tribunal (Property Chamber) (FTT) decision that had made a rent repayment order (RRO) under section 40 of the Housing and Planning Act 2016 in favour of three respondents. That order required K to reimburse them for their occupation of an unlicensed house in multiple occupation (HMO). K had granted a lease of the whole dwelling to a company, LML, on a ‘rent to rent’ arrangement; LML then issued sub-tenancies of individual rooms to the respondents and to two others, which breached the terms of K and LML’s lease (headlease)...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow