Finance A solicitor may give limited financial advice directly necessarily arising from legal issues. A solicitor may not provide financial advice beyond this unless he is regulated by the FCA (formerly FSA) (equivalent to the Irish Central Bank). The solicitor should be in a position to advise on the financial aspects and should ensure that […]
Category: Residential Property
English Apartment Leases
Overview Most English apartments are held under long leases. The purpose of leasehold ownership is to impose conditions on the terms of ownership for the benefit of the entire development. There are “commonhold” rules in England which are an alternative management structure to using leases, but they have not been widely used as of yet. […]
Apartment Owners’ Statutory Rights
General There are significant legal protections for apartment holders in relation to problems and abuses that arise in apartment developments. Significant additional protections took effect in 2007. There is no equivalent to most of this legislation in Ireland as of yet. A landlord or management company is only able to recover service charges for costs […]
Letting Residential Property
General The letting of residential property in England and Wales is governed by the Landlord and Tenant Acts and by the Housing Acts. The focus of the Landlord and Tenant Acts is on the relationship between landlords and tenants. The Housing Act relates to housing standards and housing policy generally. As in many countries, the […]
Termination & Deposits
Obtaining Possession A court order is usually be required to obtain possession of a residential property if the tenant refuses to deliver possession. It is not permissible for the landlord to simply re-enter the property and change the locks. A landlord may not recover an unlicensed house in multiple occupation or where deposits scheme conditions […]
Licensing and Regulation of Residential Tenancies
General There is no general requirement to register residential tenancies in England and Wales. In many cases, an obligation to register will apply. Certain categories of housing must be registered. Local Authorities have powers to require selective licensing in particular areas or in relation to particular properties. An obligation to obtain a licence may apply […]
Immigration Issues
Disqualified Persons and Limited Rights Certain persons who may not occupy privately rented property as their only or main home as a result of their immigration status; these are “disqualified persons.” Others have a “limited right to rent property” because of their immigration status. In general, those who entered the UK unlawfully, or have overstayed […]
