Residential leases often contain clauses which require tenants not to do something to their property. Such restrictions may include not altering the property, not subletting or keeping carpets on the floor. These restrictions are known as covenants and can sometimes be deemed to be absolute i.e. there is no caveat in the clause which allows for a reasonable request to be considered by the landlord. Without the landlord’s confirmation that these clauses have been relaxed, a tenant would need to strictly obey an absolute covenant. If a covenant is relaxed, then this may be recorded in the form of a licence.

The new Electrical Safety Standards in the Private Sector (England) Regulations 2020 is a new requirement effective from 1st July 2020. This is a further Regulation set by Parliament in the continued efforts to ensure tenant safety. Whilst most landlords adhere to such requirements without the need for regulations, there are nonetheless some landlords who disregard the safety of a tenant, and fail to maintain the minimum standard within their let property.

Trecarrell House Limited v Rouncefield (2020) EWCA Civ 760  The Court of Appeal recently made an important decision for landlords…

With the ongoing Covid-19 pandemic, it may be that buy-to-let property owners have vacant property, with longer term tenants not wanting to sign up to committing to future rental payments. The absence of long term tenants may present landlords with the consideration of letting their properties on a short-term basis. There are various websites that offer property owners the chance to let their properties for a weekend or a few days at a time. However, where the properties are subject to long-term residential leases, then it is extremely important to check the terms of the leases, to ensure that such lets are permitted. Clauses forbidding such lets will not necessarily spell out in obvious terms that short lets are forbidden. Instead, leases may say that the properties are to be used as a private dwelling house, or similar terms may be used.

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.