July 31, 2018 | less than a minute read

The Property Litigation Association - Pushing for Reform

Maples Teesdale

As a member of the Property Litigation Association it is always encouraging to see just how much work the association does in order to reform the law and make property disputes more straightforward for those involved. The appetite for discussing legislative reform in relation to property issues is currently limited in parliament due to the ongoing Brexit discussions. However, the PLA's reform committee continues to push for reform in relation to various issues which affect both landlords and tenants. The successful adoption of the Boundary Disputes Protocol and the Dilapidations Protocol have been significant successes for the PLA and surely more will follow.

Landlord and Tenant (Covenants) Act 1995: The PLA has drafted an amendment to the 1995 Act to fix unintended consequences, such as those relating to guarantees. It has reached out to the British Property Federation, members of parliament and other organisations to move this up the agenda. The Landlord and Tenant Act 1954: Should be amended to reduce costs and simplify unnecessarily complicated procedures, such as that for “contracting out”. A pilot scheme is operating to transfer unopposed lease renewals for London properties to the First-tier Tribunal; the PLA sits on the user group. Landlord and Tenant Act 1987: It is proposed that the 1987 Act be abolished, including the potential criminalisation of granting commercial leases in mixed-use schemes. Commercial rent arrears recovery: CRAR needs reviewing, particularly its application being limited to pure rent and the seven-day enforcement notice.