Podcast Location:
Download it here [file size: 28.2 MB]
Categories:
Residential Property
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to examine a number of recent legislative and case law developments in landlord and tenant law that touch on a range of issues affecting lawyers who advise in this area. Attention will be given to the recent changes affecting possession proceedings against unauthorised tenants by Mortgage Repossessions (Protection of Tenants etc) Act 2010 . For practitioners advising on notices to quit, the case of Berrisford v Mexfield Housing Co-operative Ltd is salient as setting out why it’s important to ensure a lease is for a term certain. The podcast will also address the case of Day v Hosebay Limited [2010] - decided by the Court of Appeal in the summer in 2010 - which concerned the meaning of the phrase “designed or adapted for living in and reasonably so called” within the context of an application to enfranchise.

Outcomes:
After completing the course you will:
  • Understand the new law and procedural requirements that a mortgage company seeking possession must comply with in order to oust an unauthorised tenant in occupation.;
  • Be aware of the limited right to succeed to a secured tenancy under the Housing Act 1985;
  • Be aware of the law relating to the requirement that a leasehold estate be for a certain term and the possible consequences that may flow from this;
  • Be aware of the circumstances in which the court may be willing to step in and rescue a lease that would otherwise be void;
  • Understand the conditions that a property must satisfy in order to make an application to enfranchise;
  • Be aware of the significance of the wording “any building designed or adapted for living in and a house reasonably so called” when it comes to the right to enfranchise.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legislative Updates
Sources and References:
  • Tandon v Trustees of Spurgeons Homes [1982] 1 AC 755;
  • Grosvenor Estates v Prospect Estates [2008] EWCA Civ 1281;
  • Howard de Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748;
  • Leasehold Reform Act 1967 s2(1);
  • Prospect Estates Ltd v Grosvenor Estate Belgravia [2009] 1 WLR 1313;
  • Commonhold & Leasehold Reform Act 2002;
  • Boss Holdings Limited v Grosvenor West End Properties and others [2008] UKHL 5;
  • Day v Hosebay Limited [2010] EWCA Civ 748;
  • Housing Act 1980;
  • Housing Act 1985 ss 87, 113(2);
  • Parker v Taswell (1958) 27 LJ (Ch) 812;
  • Berrisford v Mexfield Housing Co-operative Ltd [2010] EWCA Civ 811;
  • Prudential Assurance Co v London Residuary Body [1992] AC 386;
  • Michalak v London Borough of Wandsworth [2002] EWCA Civ 271;
  • Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010;
  • CPR Part 55 (Possession Claims);
  • Mortgage Repossessions (Protection of Tenants etc) Act 2010.
Tags:

This podcast looks at the facts and dicta of 3 recent landlord and tenant cases: Day v Hosebay Limited [2010] EWCA Civ 748 on the right to enfranchise, Berrisford v Mexfield Housing Co-operative Ltd [2010] EWCA Civ 811 on the right to serve a notice to quit and Sheffield City Council v Wall [2010] EWCA Civ 922 on the right to succeed to a secured tenancy. It also addresses the changes to the law and procedure for mortgage repossession proceedings where there are unauthorised tenants in occupation of the property following the enactment of Mortgage Repossessions (Protection of Tenants etc) Act 2010.

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