Landlord and Tenant Act 1987

Product Information

Both of these cases amply illustrate the dire consequences that can flow from a disposal in breach of the Act and provide a salutary lesson to landlords of residential and mixed-use properties. This decision has subsequently been overturned on appeal; the High Court, rather unexpectedly, construed the initial transfer as having been between trustees and therefore falling within one of the exemptions. Mr Steve Hobbs carried out the survey for my flat and also to put on the report how much the lease extension should cost.

Our neighbours chose to use them as a joint surveyor and they seemed to act positively but fairly for all parties. However, if a tenant holds a tenancy of three or more flats in the building, they will not be a qualifying tenant of any of them. Furthermore, you can only serve one notice in any 12-month period, so you will have defer serving a fresh notice if you want to dispose on new terms, with the likelihood that you will lose your prospective tenant.

Justin was great and visited the property very quickly and had a great turnaround time to providing us with a detailed survey and photos of any issues found at the property. Timing of sale of flats – a disposal prior to the exchange of contracts for the flat which would take the number of Qualifying Tenants over the 50% threshold. We found Peter Barry Surveyors online and decided to trust the praising reviews on their new home survey service.

However, what may be surprising is the decision in Dartmouth Court Blackheath Ltd v Berisworth Ltd, a 2008 case, in which the Court held that a disposal of air space would also fall within the provisions of the 1987 Act. A fast update service bringing you the latest key developments in employment law, outlining their impact on your business and any action you may need to take. Very happy with the Level 3 Building Survey we requested from Peter Barry Greenwich - it was constructed promptly and was very helpful. If landlords fail to comply with the 1987 Act, they run the risk of criminal prosecution and/or civil proceedings from Qualifying Tenants.We would have no hesitation in using their services again and in recommending the firm to others looking to have properties surveyed. However, as commercial rack rent leases are not expressly excluded you must first serve notice to offer a proposed commercial lease to your residential tenants. I found the structural survey to be very straightforward to read through, and the surveyor (Andrew) helpfully talked through certain points over the phone at no extra cost.

Having used Peter Barry surveyors for a party wall in connection with our neighbours loft 2 years ago we decided to instruct James on behalf of our mother in laws extension. The Landlord and Tenant Covenants Act 1995 makes sure that any covenants (promises) in your lease are binding on both parties, even if they change hands. It was a pleasure to work with Cecily Crampin (also of Falcon Chambers) and Steve Nicholson of Altermans.

This was my first time dealing with Peter Barry Surveyors and the experience has been very positive; I have no hesitation in recommending William Weaver and the team at Peter Barry Surveyors. Unhelpfully, the LTA 1987 does not define “building” and there have been several cases on this definition; although none of these cases considered a development site or partially built property.

g. X may take a roofer 3-4 days, Y will probably be 2-3 more years before it becomes a more serious concern etcFinally, Shaun said he would be happy to take a look over specific documents we had requested on the back of the survey, and when we sent these on he swiftly replied with a very useful and entirely comprehensive review. Two cases from the last few years demonstrate the further unpalatable consequences of failure to comply. Whether the draftsmen of the Act intended these far-reaching effects we will never know but, bearing in mind the sanctions for non-compliance, it is often best to tread with caution. The landlord may withdraw from the transaction but is then prohibited from making the disposal for a 12 month period.The report we received was really thorough, easy to read and included a lot of helpful comments on things to check with our solicitor.