‘Michael Grant and Matthew Timm explore the law relating to “fitness for human habitation” and the court’s approach to damages.’
Local Government Lawyer, 21st March 2025
Source: www.localgovernmentlawyer.co.uk
‘The UK government has outlined plans to ban the sale of new leasehold flats in England and Wales in a move designed to embed a new commonhold model into the property market.’
OUT-LAW.com, 6th March 2025
Source: www.pinsentmasons.com
‘A group of leaseholders have won a legal battle to prove they were unlawfully deprived of the chance to take control of their own building when their landlord sold it to an offshore firm.’
BBC News, 5th March 2025
Source: www.bbc.co.uk
‘The Government has today taken forward recommendations by the Law Commission in its Commonhold White Paper.’
Law Commission, 3rd March 2025
Source: lawcom.gov.uk
‘The housing minister has promised to abolish the centuries-old leasehold system in England and Wales before the end of this parliament, as the government takes the next steps towards an outright ban on new leasehold developments.’
The Guardian, 3rd March 2025
Source: www.theguardian.com
‘The Supreme Court considered para 5(4) to Schedule 6 Land Registration Act 2002 on the requirements for an application for registered title through adverse possession of land adjoining the applicant’s land.’
Nearly Legal, 2nd March 2025
Source: nearlylegal.co.uk
‘Tenants of flats were given the right to have a manager appointed, to take over the landlord’s management of the building in which the flats were situated, in the Landlord and Tenant Act 1987 but only if they could prove fault on the part of the landlord or managing agents. In order to make it easier for the tenants to wrest control of the management of the building from their landlord, the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) gave the tenants of flats the right to have the management of the building transferred to a company controlled by them as of right, without having to prove any default on the part of the landlord.’
Tanfield Chambers, 24th January 2025
Source: tanfieldchambers.co.uk
‘Uddin & Ors v Notting Hill Genesis (LANDLORD AND TENANT – SERVICE CHARGES – assured tenancies) (2025) UKUT 56 (LC). This was Notting Hill Genesis’ appeal from a FTT decision that service charges that it had been charged by the freeholder and in turn had sought to charge to its assured tenants were not payable under the tenancy agreements, and also were unreasonable in amount.’
Nearly Legal, 24th February 2025
Source: nearlylegal.co.uk
‘A couple of brief notes on things of interest.’
Nearly Legal, 16th February 2025
Source: nearlylegal.co.uk
‘James Mallery-Nelson analyses a 1996 High Court decision that established a key precedent, providing commercial landlords with a common law mechanism to enforce tenants’ repairing obligations under their leases.’
Local Government Lawyer, 14th January 2025
Source: www.localgovernmentlawyer.co.uk
‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’
Falcon Chambers, 26th November 2024
Source: www.falcon-chambers.com
‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’
BBC News, 10th December 2024
Source: www.bbc.co.uk
‘The government has finally delivered a timetable for reforming the “feudal” leasehold system in England and Wales, but some campaigners have again accused Labour of procrastination.’
Law Society's Gazette, 22nd November 2024
Source: www.lawgazette.co.uk
‘Today the Law Commission has published its first consultation paper considering how the right to renew business tenancies, set out in Part 2 of the Landlord and Tenant Act 1954 (and which is called “security of tenure”), is working and whether it meets the needs of business tenants and landlords. The Commission would like to hear from businesses, landlords, their representative bodies and advisors, and anyone else affected by the legislation.’
Law Commission, 19th November 2024
Source: lawcom.gov.uk
‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’
Falcon Chambers, 28th October 2024
Source: www.falcon-chambers.com
‘In Nuernberg v Adderstone (216 Res) Limited, MAN/00CJ/BSC/2024/0001 the FTT expanded the circumstances where a landlord is required to give a “Landlord Deed of Certificate” to a tenant pursuant to the Building Safety (Leaseholder Protections) (England) Regulations 2022 (“the Leaseholder Protections Regulations”). As stated in the succinct judgment of Judge J Holbrook, a “single – but important – question of statutory interpretation” appears to have been resolved (for now).’
Falcon Chambers, 14th October 2024
Source: www.falcon-chambers.com
‘A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27. The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on “each person who is a landlord under a lease of the whole or any part of the premises”.’
Nearly Legal, 3rd November 2024
Source: nearlylegal.co.uk
‘Zaid Alothman Holdings Ltd & Ors v Better Intelligent Management Ltd & Anor (COSTS – CONDUCT – what amounts to “unreasonable conduct”) (2024) UKUT 253 (LC)
This was the appellant leaseholders’ appeal from an FTT decision refusing them Rule 13 costs on the freeholder/managing agent’s application for determination of breach of lease which was dismissed for lack of jurisdiction. It isn’t so much of interest for the decision itself (though that is interesting) but about what the conduct of the freeholder, the tangle of the law and the messy outcome say about the state of leasehold law in general.’
Nearly Legal, 22nd September 2024
Source: nearlylegal.co.uk
‘This brief article, written by Christopher Buckingham, considers the law of forfeiture in the light of the recent High Court decision of The Tropical Zoo Limited v The Mayor and Burgesses of the London Borough of Hounslow [2024] EWHC 1240 (Ch).’
St Philips Barristers, 15th August 2024
Source: st-philips.com
‘Today [16 August], the Supreme Court has handed down a significant judgment in the second ever “leapfrog” appeal from the Upper Tribunal: A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The appeal concerns an issue of statutory interpretation that frequently arises across all areas of the law: where a statute lays down a procedural framework for exercising a statutory right, but is silent as to the consequences of a failure to comply with that framework, how should the court ascertain what Parliament intended should follow from the non-compliance?’
Landmark Chambers, 16th August 2024
Source: landmarkchambers.co.uk
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