Landlord and Tenants

Recently we have been approached by an Agent to say can they prepare Commercial Leases. The Legal Services Act 2007 (LSA) governs the provision of legal services in England and Wales and defines the concept of "reserved legal activities." These are tasks deemed essential for protecting the public, and as such, can only be performed by individuals who are regulated by professional bodies. One of the key activities regulated by the LSA is the preparation of certain legal documents, including leases. When it comes to property law, the preparation of leases is considered a reserved instrument activity. This means [...]

For many leasehold flat owners and prospective buyers, extending a lease has long been complicated. One key challenge has been the so-called "Two-Year Rule," which requires that flat owners have been registered for two years before they can serve a formal Statutory Notice to extend their lease. However, from 31 January 2025, this cumbersome rule ceased to apply, thanks to the Leasehold and Freehold Reform Act 2024. In this blog, we explore what this change means for buyers, sellers, and advisors and why, despite the simplification, the length of a lease remains a critical consideration. What Was the Two-Year [...]

Answer with care – the fateful case of the moths in the wardrobe As we know, during the process of buying and selling a house the Seller is required to answer standard questionnaires. A case made the headlines this week which emphasises the great deal of care that needs to be taken when answering those questions. A misrepresentation is a false statement of fact made by one party to another.  If, during negotiations for the purchase of a property, a Seller makes a false statement which the Buyer relies on – even in part – when deciding whether or [...]

Most leases state that a tenant cannot make any alterations to a property without the consent of the Landlord. This consent must not be withheld unreasonably. Recent case law has shed some light on when a landlord can be seen as ‘acting reasonably’ in withholding consent. Background of the case In the case of Messenex Property Investment Ltd v Lanark Square Ltd; the lease stated that no alterations or additions could be carried out without prior written consent, which could not be unreasonably withheld or delayed. In 2020 the tenant (Messenex Property Investment) made two formal requests to carry [...]

Historically, renting a home with pets has been challenging due to the potential for damage or bad odours caused by animals. As a result, many landlords include ‘no pet’ clauses in their tenancy agreements, allowing them to prevent tenants with pets from renting their properties. However, with the introduction of the Renters Reform Bill, tenants are now given the right to request to keep a pet, and landlords cannot ‘unreasonably’ refuse such requests. What the Renters Reform Bill Does Introduced on 17th May 2023, the Renters Reform Bill aims to provide safer, higher-quality homes under fairer tenancies. By increasing [...]

On 11th September 2024, Deputy Prime Minister Angela Rayner introduced the Renters Rights Bill to Parliament. The Bill promises several material changes that will affect landlords and tenants. The main headline-grabbing provision is that a ban on Section 21 no-fault evictions will be introduced under this legislation. The previous Conservative administration had proposed such a ban, but the legislation was not introduced due to the relatively snap nature of the 4th July 2024 general election. Under the present proposals, no-fault evictions will be banned, and landlords will only be able to retake possession of properties in limited circumstances. These [...]

A leaseholder wishing to make physical alterations to the premises may require the consent of their landlord to do so. Two recent cases raise important lessons for both landlords and tenants in this area. A lease may contain a provision requiring the tenant to obtain the consent of the landlord before carrying out any alterations. However, such consent cannot be unreasonably withheld. This rule is implied into all leases requiring consent by the landlord to alterations by section 19(2) of the Landlord and Tenant Act 1927. This means that the rule is to be treated as being part of [...]

The Leasehold and Freehold Reform Bill became law on 24 May 2024.  As of yet, there is no set date when the bulk of the changes will come into effect, but the intention is to improve the rights of leaseholders and home owners generally. Key changes are:- Lease extensions At the moment, leaseholders who have owned their flat for at least 2 years have a right to extend their lease by an extra 90 years. Under the changes, leaseholders will no longer have to own their flat for 2 years in order to qualify for a lease extension, and [...]

Here at Attwells, our solicitors and conveyancers are known for being approachable, excellent communicators, and active listeners. We have over 1,700 reviews on Feefo and an impressive 4.8/5 rating. Today, we're going to give an in-depth guide on EWS1 forms. What is an EWS1 form? Following the Grenfell Tower tragedy, many new fire safety regulations were introduced to protect against fires. One such regulation involves the EWS1 form. Introduced in 2018, the EWS1 form ensures External Wall Systems (EWS) are adequately assessed for fire safety. A qualified member of relevant professional bodies such as the Institution of Fire Engineers [...]