‘In a decision which post-dated Sloane Stanley v Mundy, the Upper Tribunal, arrived at relativity by making a deduction from the Gerald Eve graph on the basis that the graph “might overstate relativities” and accepted, on the material before it, that there was a “slight differential between properties in PCL and properties just outside it”.’
Tanfield Chambers, 1st November 2016
Source: www.tanfieldchambers.co.uk
‘Airbnb seems like a wonderful idea. You can rent out your flat whenever convenient without having to become a full-time landlord or hotelier. It’s an easy way to earn a little extra cash with the added bonus of a world-wide network of other people’s spare rooms available for that well-deserved weekend break. Airbnb now has 60m users, 640,000 “hosts”, 2m listings and 500,000 stays per night. It’s big!’
Tanfield Chambers, 22nd October 2016
Source: www.tanfieldchambers.co.uk
‘What should the Law Commission include in its next programme of law reform? Kathleen Shields discusses some options’
New Law Journal, 15th September 2016
Source: www.newlawjournal.co.uk
‘The last few years have seen short term property letting sites such as Airbnb become the go-to way of booking holiday accommodation in Europe’s most popular cities. Millennial tourists are rejecting stuffy, expensive hotels, preferring instead the flexibility of their own apartment right in the middle of town where, in the words of Airbnb, they can “feel at home anywhere in the world”. In response, those who are lucky enough to own or occupy a city apartment have been quick to meet the demand, with new “hosts” joining the site every day. There are Airbnb kiosks on London’s high streets where tourists can book a property like they used to book a cab.’
Tanfield Chambers, 5th August 2016
Source: www.tanfieldchambers.co.uk
‘Development work that restricts natural sunlight to property can in principle be a breach of a ‘quiet enjoyment’ covenant in a lease, even where no formal right to light exists, according to the county court.’
OUT-LAW.com, 17th August 2016
Source: www.out-law.com
‘A tenant was unable to exercise a break clause in a commercial lease due to its failure to remove partitioning that it had installed. This meant it had not provided vacant possession of the property, which was required by the lease as a condition of effective exercise of the break clause, the High Court has ruled.’
OUT-LAW.com, 11th August 2016
Source: www.out-law.com
‘Did you know that a judge of the First-tier Tribunal (Property Chamber) may be able to hear a county court case and vice versa? Under a scheme being piloted at present, such a thing is indeed possible.’
Hardwicke Chambers, 13th June 2016
Source: www.hardwicke.co.uk
‘The claims involved the valuation of premiums under the Leasehold Reform Housing and Urban Development Act 1993. The UTLC listed three applications for the specific purpose of considering the validity of a hedonic regression model (“the Parthenia model”) to determine leasehold relativity. The Tribunal indicated the approach to be adopted for assessing relativity for different lease lengths and commented on the use of published relativity graphs.’
Tanfield Chambers, 21st June 2016
Source: www.tanfieldchambers.co.uk
‘By their very nature, mixed-use developments involve multiple parties with competing interests. This often leads to disputes regarding the management of the estate and the cost of maintaining it and, ultimately, to leaseholders wanting to take control (either by exercising the right to collective enfranchisement or the right to manage).’
Tanfield Chambers, 10th June 2016
Source: www.tanfieldchambers.co.uk
‘Does the 3% second home surcharge apply to statutory lease extensions and enfranchisement under the 1993 and 1967 Acts?’
Tanfield Chambers, 6th June 2016
Source: www.tanfieldchambers.co.uk
Timothy Taylor Ltd v Mayfair House Corpn and another [2016] EWHC 1075 (Ch)
‘The tenant occupied the ground and basement floors of a building from which it operated a gallery. The lease contained terms reserving the landlord’s right to build and a covenant for quiet enjoyment. In order to carry out works on the adjoining upper floors of the building, the landlord erected scaffolding, which enveloped the building, restricting access to the tenant’s gallery and giving the impression that it was closed. The works also caused substantial noise in the tenant’s premises. No financial compensation was offered by the landlord to the tenant for the works undertaken.’
WLR Daily, 10th May 2016
Source: www.iclr.co.uk
‘The deferment rate is a key input in every enfranchisement claim whether it relates to the enfranchisement of a house, block of flats or the extension of a flat lease. The current deferment rate was set by the Lands Tribunal in Earl Cadogan v Sportelli [2007] 1 EGLR 153. This article explains what the deferment rate is and how the Tribunal arrived at the value which has been universally adopted since the decision in Sportelli. It then explores the status of the decision in Sportelli and asks whether it is time to re-set the deferment rate. The last part of the article looks at deferment rates for shorter leases.’
Tanfield Chambers, 31st May 2016
Source: www.tanfieldchambers.co.uk
‘With the constant cry for more housing, commercial developers are increasingly including residential flats in their plans. Whether they are converting offices into homes or building new mixed-use schemes, developers must be aware of the raft of rights that residential tenants enjoy which are not available to commercial tenants. With some careful planning, some of these rights can be avoided.’
Tanfield Chambers, 31st May 2016
Source: www.tanfieldchambers.co.uk
‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’
Hardwicke Chambers, 19th April 2016
Source: www.hardwicke.co.uk
‘It is a requirement of the court rules that when a landlord seeks to forfeit a residential lease by issuing a claim in court, that claim must be served on a mortgagee. The purpose of this provision is to make sure that the bank is able to apply for relief from forfeiture (and hence reinstate its security) before it is too late. But what happens if the bank is served with the claim, the tenant and the bank do not attend the hearing, the lease is forfeited and the possession order subsequently enforced with the result that title is closed and the bank loses its security?’
Tanfield Chambers, 21st April 2016
Source: www.tanfieldchambers.co.uk
‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
‘A previous decision of the Upper Tribunal is admissible evidence of what it decided and it is a question of what weight a subsequent tribunal should give it. The extent to which the previous decision is a decision on general points of interest rather than specific facts and the cogency of the reasoning will impact on the weight to be given to a particular decision.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
‘A commercial property tenant did not breach repair covenants set out in the lease when it replaced carpet tiles in the property with strip carpeting, the Court of Appeal has ruled, overturning the High Court’s decision.’
OUT-LAW.com, 21st April 2016
Source: www.out-law.com
‘On 1 October 2015 the Consumer Rights Act 2015 (“CRA”) came into force. CRA superseded the Unfair Terms in Consumer Contracts Regulations 1999 (“UTCCR”). The CRA aims to modernise, simplify and consolidate key parts of consumer law; it is the cornerstone of an extensive consumer law reform programme. Anyone acting in a landlord and tenant dispute or drafting tenancy or lease agreement needs to be familiar with its provisions’
Hardwicke Chambers, 11th March 2016
Source: www.hardwicke.co.uk
‘In 2011, Marks and Spencer plc (“M&S”) operated a “break clause” in commercial leases of office premises. Following determination, M&S sought to recover from the landlord advance quarterly rent that it had paid for the period after the successful break. M&S relied, in part, on an implied term claim that post-break rent should be returned to it. The landlord denied the claim and litigation ensued. Morgan J in the High Court gave judgment for M&S on the claim. The Court of Appeal unanimously reversed the judgment. The Supreme Court unanimously dismissed M&S’ appeal and re-stated the principles for the implication of contract terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd[2015] UKSC 72, [2015] 3 WLR 1843.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
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