2003 saw many changes in property law with more to come in 2004. How will this affect tenants considering taking on a new lease?

An update on changes to the law for tenants.

Stamp Duty Land Tax (SDLT)

SDLT has made leases more expensive. The method by which SDLT is calculated means that the longer the lease, the higher the tax increase will be - confirming the trend for shorter leases being more attractive to tenants.

The Control of Asbestos at Work Regulations 2002

From 21 May 2004, those responsible for maintaining and repairing property, usually the tenant, will have to identify the location of any asbestos and produce a risk management plan. Click here for further details.

The Disability Discrimination Act 1995

From 1 October, an occupier who provides services to the public will have a statutory duty under the Disability Discrimination Act 1995 to remove or alter physical features that make it difficult for a disabled person to use the service. Click here for further details.

The Land Registration Act 2002

The Land Registration Act provides that leases of over seven years granted after 12 October 2003 must be registered at the Land Registry (it used to be over 21 years). So, not only will more leases be registrable but also those leases will be open to inspection by the public. Whilst it will be possible to make some of the terms confidential, third parties can argue they have a right to see those terms.

Who can help?

If you would like further advice about any of the changes referred to above please get in touch with your usual contact at plainlaw or Philip Horn on 01865 240202 or e-mail him at philip.horn@plainlaw.co.uk.
This paper is written to provide you with general information and is not intended to offer professional advice. It is recommended that you seek specific professional advice before taking any action.

© Copyright plainlaw 2004

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