Virtual Conference: Residential Landlord & Tenant Update 2021

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KEY SUBJECTS

• POSSESSION PROCEEDINGS – WHERE ARE WE NOW?
• SERVICE CHARGES – THE LATEST POSITION
• NOTICE PERIODS IN RESIDENTIAL TENANCIES AFTER COVID
• CASE LAW UPDATE
• SAFETY AND REGULATORY COMPLIANCE IN RESIDENTIAL PROPERTIES
• RENT REPAYMENT ORDERS – THE TENANT FIGHTS BACK

SPEAKERS

Brooke Lyne, Barrister Landmark Chambers

Ranjit Bhose QC, Cornerstone Barristers

David Smith, Partner, JMW Solicitors

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

Justin Bates, Barrister Landmark Chambers

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

POSSESSION PROCEEDINGS – WHERE ARE WE NOW?

As a result of the Coronavirus pandemic, 2020 saw huge substantive and procedural hurdles introduced to limit the ability of landlords to regain possession of rented properties. Most of these changes were temporary, but the lasting impact of closed courts and courts operating at limited capacity will continue to be felt long into 2021. This session will cover:

• The courts practical arrangements for possession claims
  • What cases are being prioritised?
  • How quickly will hearings be listed?
  • What to do in advance of the hearing?
• Changes to enforcement

Brooke Lyne, Barrister Landmark Chambers

SERVICE CHARGES – THE LATEST POSITION

Despite the World being in turmoil the Upper Tribunal has remained reassuringly hard at work, distilling its service charge wisdom high, low, and virtually. This annual session will guide you through the recent case highlights with a nod to proposed statutory changes. Issues will include:

• “Unreasonable conduct” costs after Willow Court
• Recovery of “notional costs”: the decision in Schellerup
• The F-tT’s powers of review explained: Point West v Bassi
• Section 20B and contractually invalid demands: No.1 West India Quay
• The ongoing problem of landlord “determination” clauses: Williams v Aviva
• The Building Safety Bill 2020 explained

Ranjit Bhose QC, Cornerstone Barristers

NOTICE PERIODS IN RESIDENTIAL TENANCIES AFTER COVID

One of the big changes created by Covid is the complex position on notice periods. This has altered several times and continues to alter. It is also slightly different in different jurisdictions. This talk will cover:

• The changes in residential tenancy notice periods over time
• The current notice period position
• Working around the notice periods
• How England compares with other parts of the UK

David Smith, Partner, JMW Solicitors

CASE LAW UPDATE

A practical review of recent landlord and tenant cases including:-

• Mutual enforcement clauses: the view from the Supreme Court in Duvall
• Airbnb, short term lets and the user clause:  Triplerose; Kothari
• “Permitting” a brothel? Marchitelli
• Rights to Manage – when flats aren’t what you think they might be: Q Studios + Lexham House
• Problems with the alterations clause: Eldersan; Fivaz
• Law Commission Final Reports on lease extension, enfranchisement + RTM

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

SAFETY AND REGULATORY COMPLIANCE IN RESIDENTIAL PROPERTIES

Despite Covid a number of big changes have occurred in terms of regulatory compliance. These have occurred both due to changes in the law as well as some decisions in the Courts. This talk will cover:

• The Right to Rent- Covid changes, an altered regime and the future
• Electrical safety checks
• Gas safety after Trecarrell
• Minimum Energy Efficiency Standards and proposals for change

David Smith, Partner, JMW Solicitors

RENT REPAYMENT ORDERS – THE TENANT FIGHTS BACK

A long time ago, in an Act far away (ok, the Housing Act 2004), the Rent Repayment Order was born. The 2004 Act proved something of a dead letter as regard RROs, but the reforms made by the Housing and Planning Act 2016 have seen a sudden and exponential growth in RTO applications. This session will look at:-

• What is an RRO?
• Who can apply?
• Who can be the target of an RRO?
• How much will the RRO be?

Justin Bates, Barrister Landmark Chambers

5.00 pm CLOSE OF PROCEEDINGS