Summary 1. This section extends many of the legal rights given to other Leaseholders in England and Wales to Leaseholders of property on Crown Land. What is Crown Land? 1. Section 172 defines Crown Land as being land which is currently, or has ever been, part of: i. The Crown Estate ii. Duchy of Lancaster… Read More »
Summary 1. This section extends the protection which was earlier given under Section 81 of the Housing Act 1996, which relates to Leaseholders who are threatened by their Landlord with Forfeiture for non-payment of a Service Charge, to Leaseholders who are threatened with Forfeiture for any other type of breach of Lease. 2. Other types of… Read More »
Summary 1. This section states that a Landlord may not seek forfeiture of a Leasehold property for non –payment of Ground Rent, Service Charges or Administration Charges unless either: i. The amount outstanding is more than the ‘prescribed sum’. The rrescribed sum means an amount stated by the Government in the relevant regulations. Section 167… Read More »
Summary 1. This section states that a Leaseholder is not required to make payment of Rent unless the Landlord has sent to them a notice under Section 166 of the Commonhold and Leasehold Reform Act 2002 in the prescribed format and containing the correct information. 2. This notice is commonly known as a ‘Ground Rent… Read More »
Summary 1. This section gives Leaseholder of houses the right to take out their own buildings insurance, even if their Lease requires them to pay for insurance cover, so long as they meet certain requirements. 2. This right does not extend to Leasehold flats. What must the Leaseholder of a house do in order to… Read More »
Summary 1. This section gives freeholders rights in respect of paying an Estate Charge under an Estate Management Scheme. 2. An Estate Charge is not the same as a Service Charge and different rules apply. 3. Estate Management Scheme are most commonly in place upon estates where the houses were originally let on long leases… Read More »
Summary 1. This section states Schedule 11 of the Commonhold and Leasehold Reform Act 2002 shall effect in respect of Administration Charges payable under the terms of a long lease. 2. The Legal rights which Leaseholders have in respect of variable Service Charges do not apply to Administration Charges. Schedule 11 attempts to address this… Read More »
Summary 1. This section states that specific information must be included in a Notice sent under Section 146 of the Law of Property Act 1925. 2. If the Notice does not contain this information then it is ‘ineffective’ (this means that it does not meet the requirements of the law) when the reason for sending… Read More »
Summary 1. This section states that a Landlord may not issue Forfeiture proceedings for failure to pay a Service Charge unless: i. The leaseholder has ‘admitted’ that the Service Charge is due. ii. A Court or Tribunal has made a ‘Determination’. What is Forfeiture? 1. Section 146 of the Law of Property Act 1925 gives… Read More »
Summary 1. This section states that tenants of social landlords have the right to complain to a housing ombudsman scheme approved by the Government, and that all social landlords must be a part of such a scheme. 2. The term ‘tenants’ includes Leaseholder and Shared Owners. What is a Social Landlord? 1. The legislation states… Read More »