Residential Landlord and Tenant Update 2025

KEY SUBJECTS

• THE LEASEHOLD AND FREEHOLD REFORM ACT 2024 AND RECENT CASES
• RENTERS RIGHTS BILL – LATEST POSITION
• SERVICE CHARGES UNDER THE BUILDING SAFETY ACT 2022
• RECENT DEVELOPMENTS IN THE RIGHT TO MANAGE
• POSSESSION PROCEEDINGS PITFALLS AND HOW TO AVOID THEM

SPEAKERS

Justin Bates KC, Landmark Chambers

David Smith, Partner, JMW Solicitors

Mattie Green, Barrister, Landmark Chambers

Mark Loveday, Barrister, Tanfield Chambers

Sophie Gibson, Barrister, Landmark Chambers

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

THE LEASEHOLD AND FREEHOLD REFORM ACT 2024 AND RECENT CASES

• What changes does the 2024 Act make to long leasehold law?
  • Changes to enfranchisement and RTM
  • Changes to service charges
  • When does the act come into force?
• Case law in 2024
  • Summary of key long leasehold cases in 2024

Justin Bates KC, Landmark Chambers

RENTERS RIGHTS BILL – THE LATEST POSITION

• Renters’ Rights Bill- s21 and landlord obligations
• Renters’ Rights Bill- investigation and enforcement
• Freehold and Leasehold Reform Act and the future of leasehold reform
• Rent Repayment Orders

Justin Bates KC, Landmark Chambers

David Smith, Partner, JMW Solicitors

SERVICE CHARGES UNDER THE BUILDING SAFETY ACT 2022

The Building Safety Act 2022 (“the BSA”) introduced a series of leaseholder protections restricting the costs that are recoverable from tenants for remediating buildings.

This talk will consider the scheme of sections 116 – 122 and Schedule 8 of the BSA and the way those provisions have been applied in the key cases as the case law has started to develop.

In particular, this talk will consider:

• Adriatic Land 5 Limited v Leaseholders of Hippersley Point [2023] UKUT 271 (LC)
• Lehner v Lant Street Management Co Ltd [2024] UKUT 135 (LC)

 Mattie Green, Barrister, Landmark Chambers

RECENT DEVELOPMENTS IN THE RIGHT TO MANAGE

This talk will examine some landmark decisions over the past year and how right to manage claims are understood and executed, it will include:

• A1 Properties (Sunderland) v Tudor Studios RTM Co [2024] UKSC 27 – compliance with statutory requirements
• Multiple premises – Triplerose v Ninety Broomfield Road RTM [2015] EWCA Civ 282; and Settlers Court RTM Co v Firstport [2022] UKSC 1
• A “self-contained building or part of a building”?: Assethold Ltd v Eveline Road RTM Co Ltd [2024] EWCA Civ 187
• Equitable interests and tenancies: Avon Freeholds Ltd v Cresta Court E RTM co [2024] UKUT 335 (LC)
• Legislative changes: Leasehold and Freehold Reform Act 2024 and beyond 

Mark Loveday, Barrister, Tanfield Chambers

POSSESSION PROCEEDINGS PITFALLS AND HOW TO AVOID THEM

Commencement of possession proceedings and their continuation through the court system are governed by CPR Part 55 and the accompanying Practice Directions. First possession hearings are often only listed for 10 minutes, but this does not mean that they are simple or that it is easy to get the procedure or the possession notices correct. The procedure and the law are both very complicated and confusing in places. Often, procedural non-compliance or seemingly minor errors in notices mean landlords have to start everything afresh. This talk will address requirements for valid possession notices and explain how to avoid falling foul of procedural requirements, covering in particular:

• When it is appropriate to use a statutory notice compared to a common law notice to quit
• The rules regarding service of possession notices
• What happens at a first possession hearing and how best to prepare for it
• An introduction to possession claims against trespassers and how properly to serve the claim on “persons unknown” 

Sophie Gibson, Barrister, Landmark Chambers

5.00 pm CLOSE OF PROCEEDINGS