Don't court disaster: when landlords attempt to guarantee regaining possession by taking out exclusion orders, they should take pains to go to the right court

Article Abstract:

An exclusion order under the Landlord & Tenant Act 1954 guarantees possession of the premises by the landlord at the end of a lease, but there have been recent concerns about the validity of 1954 Act exclusion orders obtained in an incorrect court. Most exclusion orders are obtained through the county court and the term incorrect, refers to a court other than that contemplated by CCR Order 4 Rule 8. The provisions of CCR Order 16 Rule 2, allowing a court to order the transfer of proceedings to a different court, are also discussed.

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Landlords no longer enter and repair at their peril

Article Abstract:

Landlords in the UK have until recently not been certain whether they could recover the cost of works if they entered a tenant's premises and undertook repairs when a tenant had not complied with notices requesting repair work to be done. However, a recent Court of Appeal decision has clarified this issue. The case concerned has made it clear that landlords are entitled to take action against defaulting tenants, thus allowing them to ensure that premises are not allowed to fall into disrepair.

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Landlords beware - the government is after you!

Article Abstract:

The UK government is planning further measures to protect residential tenants, following expressions of concern from tenants over issues such as the lack of sanctions against landlords who fail to serve an offer notice and the tendency for landlords to run up very high service charges. A new proposal would give recognised tenants' associations the right to appoint a qualified surveyor to advice them on any plans by the landlord to undertake maintenance works.

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