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Conference expert panelInformation 6 UpdateInformation
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SRA Competency B

Introduction

This annual update, chaired by Mark Chick of Bishop Sewell, will focus on a range of topical issues and recent case law in residential landlord and tenant law and practice.

The areas to be covered range from: the lessons to be learned from Grenfell to the recent decision in Queen Court and developments in mandatory, additional and selective licensing.

9.30am - 10.15am: Developing Development Value - Queen Court and Other Storeys

Mark Chick, Bishop & Sewell LLP

The recent Upper Tribunal decision in Queen Court emphasises the ongoing discussion about the creation of leases of additional areas in blocks of flats and whether these can be acquired on enfranchisement.

This session will cover the following:

  • The interplay between the 1987 Act and the 1993 Act on the question of common parts
  • A review of recent case law on development value
  • The decision in Queen Court and how this is of relevance to both landlords and tenants

10.15am - 11.00am: Variation of Residential Leases

Tom Jefferies, Landmark Chambers

Residential long leases are often regarded as unsatisfactory by one party or another. Most practitioners are aware that there is power to vary leases under the Landlord and Tenant Act 1987, but unfamiliar with the details.

This session will provide an overview of the statutory provisions, a steer on which cases are suitable for an application, and a warning of the potential pitfalls.

  • The statutory powers
  • When does the lease fail to make satisfactory provision?
  • Prejudice and compensation
  • Procedure
  • Costs
  • Alternatives to 1987 Act variation

11.15am - 12.00pm: Service Charges - A Case Law Update

Mark Loveday, Tanfield Chambers

This session will provide an update on service charges and recent case law:

  • Contractual recovery: Urban Splash v Ridgway
  • Apportionment: Fairman and others v Cinnamon (Plantation Wharf) Ltd
  • Statutory restrictions on recovery:
    • Reasonableness under Landlord & Tenant Act 1985 s.19 post-Hounslow v Waaler
    • Qualifying Long-Term Agreements: Corvan (Properties) v Abdel-Mohammed
    • The 18-month rule under Landlord & Tenant Act 1985 s.19 s.20B

12.00pm - 12.45pm: The Lessons From Grenfell

Justin Bates, Landmark Chambers

The Grenfell Tower disaster was one of the worst losses of life that England had seen in decades. The Inquiry has finished its Phase 1 work looking at events on the night and is now preparing for Phase 2, dealing with wider issues of blame and responsibility.

Both the Hackitt Review and central Government have already made or proposed reforms.

This session looks at what we have learned from Grenfell and what reforms might still be on the horizon including:

  • Grenfell: where are we now?
  • Implications for the building industry arising out of the Hackitt Review
  • Government reforms
  • The problem with private sector blocks of flats
  • Cladding update post-Grenfell

12.45pm - 1.00pm: Questions on Morning Session

2.00pm - 2.50pm: Commonhold - An Update

Professor James Driscoll, Solicitor

Commonhold is a new system for the ownership and management of interdependent buildings such as blocks of flats and office blocks. It was introduced by Part I of the Commonhold and Leasehold Reform Act 2002.

Commonhold, unlike leasehold ownership, allows for freehold ownership with standard rules for management of the development. Yet, so far commonhold has not ‘caught on’.

What has gone wrong?

  • Lenders' concerns
  • Can commonhold incorporate elements of social housing?
  • Developers prefer to use the conventional leasehold system for new developments
  • Conversion of leasehold developments to commonhold is too difficult

2.50pm - 3.40pm: Recent Developments in Mandatory, Additional and Selective Licensing

Dean Underwood, Cornerstone Barristers

In the past twelve months, the landscape of private rented sector licensing, under Parts 2 and 3 of the Housing Act 2004, has changed significantly: the scope of mandatory HMO licensing has been extended; rooms let out in HMO accommodation must now be of a minimum size; and decisions of the High Court and Court of Appeal continue to clarify the scope of landlord obligations and local authority powers under the 2004 Act.

This session will explore the latest developments in mandatory, additional and selective licensing and their implications for local authorities and private sector landlords alike including:

  • An update about the most significant legislative changes in the past twelve months
  • An overview of recent decisions in the courts and tribunals and their implications for landlords and local authorities
  • A summary of licensing issues awaiting determination, or yet to be determined

3.55pm - 4.45pm: Closing Address: Tenancy Fraud - The Tactics

Andrew Lane, Cornerstone Barristers

Local housing authorities and housing associations have for a long time sought to deal with instances of tenancy fraud, whether that be concerning the original allocation of property or the (mis)use of the home once secured.

Right to buy/acquire and shared ownership merely serve to increase the possibilities of fraud and deception and this session will consider the subject across a landlord’s range of products.

  • The options available
  • Recovery of damages
  • Investigation possibilities and restrictions
  • Appropriate court processes
  • Evidential rules and submissions

4.45pm - Close: Questions & Answers

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Conference | 17.10.2019

London | 9:30am - 5:15pm


Residential Landlord & Tenant - 2019 Conference

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Oct
17
2019
London
9:30am - 5:15pm
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