Residential Landlord and Tenant Update 2024

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KEY SUBJECTS

• LONG LEASEHOLD UPDATE
• REFORMING THE PRIVATE RENTED SECTOR: THE RENTERS (REFORM) BILL
• POSSESSION PROCEEDINGS – GETTING IT RIGHT
• RENT REPAYMENT ORDERS – LATEST POSITION
• THE BUILDING SAFETY ACT 2022 – WHERE ARE WE AT?

SPEAKERS

Brooke Lyne, Barrister, Landmark Chambers

David Smith, Partner, JMW Solicitors

Laura Tweedy, Barrister, Gatehouse Chambers

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

LONG LEASEHOLD UPDATE

This session will consider several key themes that have arisen in the law relating to long residential leases over the past year, including:

• The Supreme Court’s decision in Aviva v Williams [2023] and what it means for service charge apportionment challenges
• The fallout from Aviva v Williams, including consideration of Hawk Investment Properties Ltd v Eames and others [2023] and Braganzav Riverside Group Ltd [2023]
• Dispensation applications and appropriate conditions – Marshall v Northumberland and Durham Property Trust Ltd [2022] and Holding and Management (Solitaire) Ltd v Leaseholders of Sovereign View [2023]

Brooke Lyne, Barrister, Landmark Chambers

REFORMING THE PRIVATE RENTED SECTOR: THE RENTERS (REFORM) BILL

Despite a slow start the Renters (Reform) Bill is progressing through Parliament and is unlikely to be deferred as much as commentators expect. This session will consider:

• The changes being made by the RRB
• Timelines for implementation
• The likely consequences for the PRS

David Smith, Partner, JMW Solicitors

POSSESSION PROCEEDINGS – GETTING IT RIGHT

This talk will cover the following areas:

• A recap on key possession notices – form, content and service
• An overview of CPR Part 55 – how to get the procedure right
• An introduction to navigating claims against trespassers

 Brooke Lyne, Barrister, Landmark Chambers

RENT REPAYMENT ORDERS – LATEST POSITION

Rent Repayment Orders (RROs) are an increasingly being used by tenants to deal with a range of property matters and may be extended by the Renters (Reform) Bill. This session will consider:

• What a rent repayment order is
• Who a rent repayment order can be sought against
• How an order is calculated
• Potential for change

 David Smith, Partner, JMW Solicitors

THE BUILDING SAFETY ACT 2022 – WHERE ARE WE AT?

In this session Laura Tweedy will provide an overview of what the BSA does, provide an update on what is in force, which is particularly relevant to Landlord and Tenant, and run through the recent cases under the BSA. 

• An overview of what the BSA does
• Key issues in residential landlord and tenant:
  • Remediation orders
  • Remediation contribution orders
  • Service charge caps
  • Landlord certificates
  • Leaseholder deeds of certificates
• Key cases:
  • Grove House – landlord’s certificates
  • Sutton Court Road – remediation order
  • Leigham Court Road – remediation order
  • Upper Tribunal decision (hearing November 2023) on remediation contribution order

Laura Tweedy, Barrister, Gatehouse Chambers

5.00 pm CLOSE OF PROCEEDINGS