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How does a rent suspension clause work?

Stuart Miles

Posted by Stuart Miles | Solicitor
On 26th March 2020

A lease or tenancy agreement may contain a clause which suspends the rent in the event that the property becomes uninhabitable. The clause may state that there should be a suspension of the whole of the rent, or sometimes part of the rent, subject to how much of the property is usable.

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What happens if a lease is forfeited?

Stuart Miles

Posted by Stuart Miles | Solicitor
On 12th March 2020

Invariably, a lease will contain a provision that in the event the rent is not paid, or some other covenant is breached, then the lease can be brought to an end by the landlord. The impact of this on the lease is that legally it no longer exists. This can leave a landlord with a free property and a tenant will not be able to claim any interest in the property whatsoever. The interest the tenant had in the property effectively “reverts” back to the landlord.

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Who does a section 20c order apply to?

Stuart Miles

Posted by Stuart Miles | Solicitor
On 23rd August 2019

It is common practice for freeholders to charge the legal costs incurred in dealing with determination proceedings to the leaseholders’ service charge accounts. This means that freeholders can seek reimbursement of their legal costs from the money paid into the service charge pot. Pursuant to section 20c of the Landlord and Tenant Act 1985, a leaseholder can ask the Court or Tribunal to make an order preventing their freeholder from using their portion of service charge to pay for their freeholder’s legal costs.

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Ground Rent (Leasehold Properties) Bill

Stuart Miles

Posted by Stuart Miles | Solicitor
On 27th June 2019

Leases usually contain an obligation on leaseholders to pay ground rents to the lessors. It is not uncommon for ground rents to be paid annually and subject to a rent review clause, which can increase the annual payment of ground rent.

It has been reported that some “onerous” ground rent review clauses have resulted in leaseholders being unable to sell their properties due to the rent increasing to a level where mortgage providers are refusing to offer mortgages. This has left some leaseholders stuck in their properties.

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Top tips for buying a jointly owned property with someone

Chun Wong

Posted by Chun Wong | Partner
On 1st March 2019

The sad reality of home ownership is that most of us will not be able to afford to get on the property ladder without help; more and more people are clubbing together with their nearest and dearest to buy a property together.

However, given that this is likely to be the biggest investment you will ever make in your life, there are some things you should be aware of to avoid the pitfalls and problems which can arise later when the relationship/partnership is less amicable.

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