Mary Rouse Archive

Service of Section 21 Notices

The Deregulation Act 2015 introduces some amendments to Section 21 of the Housing Act 1988. Whether the assured shorthold tenancy is for a fixed term, or is a weekly or monthly periodic, you cannot now serve a Section 21 Notice until the tenancy has run for 4 months.

LPA Receivers owe very limited duty to borrowers; a reminder

As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower. In the case of JL Homes Limited and (1) Mortgage Express (2) Paul Diakiw and David Heap (Acting as LPA Receivers) which came before the High Court in December, JL Homes unsuccessfully challenged the LPA Receivers’ attempts to secure possession.

Lenders and service charges – the courts are getting tricky!

We examine what happens once you have paid ground rent and service charge arrears (and possibly costs) following a forfeiture threat. The mortgage conditions usually permit a lender to make such payments to protect its security and to then add the cost to the mortgage balance. This is potentially misleading because the borrower may think that there is no obligation to repay this sum immediately.
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