Live Virtual Conference: Residential Landlord and Tenant Update 2022: 8th February 2022: 09.30:17.00

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KEY SUBJECTS

• LONG LEASEHOLD UPDATE –  FROM SERVICE CHARGE DEMANDS TO THE BUILDING SAFETY CRISIS 
• RENT REPAYMENT ORDERS – WHAT YOU NEED TO KNOW
• POSSESSION PROCEEDINGS: AN UPDATE ON BRINGING AND DEFENDING CLAIMS IN A POST-PANDEMIC WORLD
• TENANCY DEPOSITS – LATEST CASE LAW
• NEW BREATHING SPACE REGULATIONS
• TENANT FEES AND THE TENANT FEES ACT 2019
• PROPERTY STANDARDS

SPEAKERS

Justin Bates, Barrister, Landmark Chambers

Brooke Lyne, Barrister, Landmark Chambers

Robert Brown, Barrister, Selbourne Chambers

David Smith, Partner, JMW Solicitors

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

LONG LEASEHOLD UPDATE –  FROM SERVICE CHARGE DEMANDS TO THE BUILDING SAFETY CRISIS 

Residential leasehold property is in a bit of a mess. The fire safety crisis has led to thousands, if not tens of thousands, of leaseholders being faced with huge remediation costs. The government response in the Fire Safety Act and the Building Safety Bill is not necessarily the panacea that many have hoped. What are the key changes? What problems will this lead to? The Ground Rent Bill seems likely to end ground rents on new leasehold properties and this session will give an update on the progress of that reform. It will also look at the big cases of the last 12 months such as West India Quay v ETAL (s.20B, LTA 1985 and legal costs), Firstport v Settlers Court RTM Co Ltd (first time the Supreme Court has considered the Right to Manage regime) and Aster v Chapman (service charge consultation).

• The Fire Safety Act 2021 and the Building Safety Bill: implications for freeholders, leaseholders and agents
• The Ground Rent Bill: end of the line?
• Service charge demands, time limits, consultation

Justin Bates, Barrister, Landmark Chambers

RENT REPAYMENT ORDERS – WHAT YOU NEED TO KNOW

A new, extended regime of Rent Repayment Orders was introduced by the Housing and Planning Act 2016. In the last couple of years there has been a flood of case law on how the provisions work. The law in this area is complex. This session will look at:

• What is an RRO and when they might be available.
• What the legal tests are for obtaining an RRO
• What defence may be available to landlords
• How RROs are quantified
• An introduction to the procedure to obtain an RRO

Brooke Lyne, Barrister, Landmark Chambers

POSSESSION PROCEEDINGS: AN UPDATE ON BRINGING AND DEFENDING CLAIMS IN A POST-PANDEMIC WORLD

The COVID-19 pandemic brought changes to many areas of law, particularly to the law and procedure for possession claims. This talk will look at what has changed and what the new arrangements are as we look towards the end of the pandemic.

• Notice requirements
• Possession procedure
• Court hearings
• Case law update

Robert Brown, Barrister, Selborne Chambers

TENANCY DEPOSITS – LATEST CASE LAW

This talk will look at the Court of Appeal case in Northwood v Fearns and will include:

• The problems of prescribed information
• The challenges of signatures and companies
• How substantially to the same effect do things have to be

NEW BREATHING SPACE REGULATIONS

• Recent case law
• The proper way to challenge a breathing space
• Evidence for a challenge
• What can and cannot be part of a breathing space

TENANT FEES AND THE TENANT FEES ACT 2019

• Recent Tribunal decisions
• Agent fees on assignment and novation

PROPERTY STANDARDS

• Recent decisions on licence conditions and the HHSRS
• The electrical safety regulations

David Smith, Partner, JMW Solicitors