Day v Hosebay Ltd and another Lexgorge Ltd v Howard de Walden Estates Ltd – WLR Daily

Posted October 12th, 2012 in enfranchisement, housing, landlord & tenant, law reports, leases by sally

Day v Hosebay Ltd and another; Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41; [2012] WLR (D) 271

“A property built as, and which retained the appearance of, a house but which was being used solely for commercial purposes was not a ‘house … reasonably so called’ for the purposes of section 2(1) of the Leasehold Reform Act 1967 so as to give the lessees the right to acquire the freehold compulsorily.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

Supreme Court reverses CoA ruling on the legal definition of a house – The Lawyer

Posted October 11th, 2012 in appeals, housing, leases, news, precedent, Supreme Court by sally

“The Supreme Court has ended years of legal uncertainty by ruling on what constitutes a house in the contest of leasehold enfranchisement.”

Full story

The Lawyer, 11th October 2012

Source: www.thelawyer.com

Get back in your box – NearlyLegal

Posted October 8th, 2012 in landlord & tenant, leases, news, tribunals by sally

“There is, it is fair to say, a degree of inconsistency in the approach and practice of LVTs up and down the country. In particular, some LVT members seem to see it as part of their role to act as quasi-audit bodies, looking into all aspects of the landlord’s practice and procedure to see if they can uncover any wrongdoing. It’s very frustrating, both for landlords and tenants and is one of the reasons for the increasingly ‘lawyerly’ approach of landlords (e.g. instructing solicitors and counsel).”

Full story

NearlyLegal, 6th October 2012

Source: www.nearlylegal.co.uk

Discharging leasehold covenants – NearlyLegal

Posted July 17th, 2012 in covenants, leases, news by sally

“Restrictive covenants are, in broad terms, contractual restrictions imposed on the current user/owner of land, often imposed by a former owner of the same land (e.g. Mr A sells a field to Mr B, but includes a covenant preventing Mr B from building flats on it). These covenants can, clearly, become onerous or otherwise unnecessary with the passage of time. The Upper Tribunal (Lands Chamber) has a discretionary power (s.84, Law of Property Act 1925) to modify or discharge these covenants in certain circumstances. The most common ground is s.84(1)(aa), which applies if the removal of the covenant would support a reasonable use of the land and any inconvenience can be met by a payment of money.”

Full story

NearlyLegal, 17th July 2012

Source: www.nearlylegal.co.uk

Broken promises? Sale and rent back is no answer to a mortgage – Hardwicke Chambers

“Owner occupiers unable to afford their mortgages have sometimes entered into sale and rent back arrangements (‘SRBs’). Under a SRB, the house is sold, often at a discount, but the vendor remains in occupation under a lease granted by the purchaser. According to a 2008 OFT study, even though SRBs were a relatively new phenomenon there had been about 50,000 of them. At that time the SRB market was unregulated. The FSA began to regulate it in 2009. According to a recent FSA press release, ‘the entire SRB market is temporarily shut’. Nevertheless, it is apparent that many tens of thousands of SRBs must have taken place by now.”

Full story

Hardwicke Chambers, 24th May 2012

Source: www.hardwicke.co.uk

Westbrook Dolphin Square Ltd v Friends Life Ltd – WLR Daily

Posted May 22nd, 2012 in abuse of process, appeals, landlord & tenant, law reports, leases by sally

Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666; [2012] WLR (D) 151

“Since the Leasehold Reform, Housing and Urban Development Act 1993 gave a tenant of a flat the right to acquire the freehold of his premises following service on the landlord of a notice of claim under section 13, and the tenant also had the statutory right to serve a second notice of claim at any time after a year had expired following the withdrawal of the first notice of claim, the general provision in CPR r 38.7, requiring the permission of the court to bring a second claim, did not apply to a second claim based on such a second notice.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

In re MK Airlines Ltd (in liquidation); MK Airlines Property Ltd (in administration) v Katz and another – WLR Daily

Posted May 18th, 2012 in administrators, insolvency, law reports, leases, rent by sally

In re MK Airlines Ltd (in liquidation); MK Airlines Property Ltd (in administration) v Katz and another [2012] WLR (D) 147

“Arrears of rent due during the provisional liquidation period were to be treated as an expense of the liquidation and payable in priority to most other liquidation expenses.”

WLR Daily, 16th May 2012

Source: www.iclr.co.uk

Earl of Cardigan loses paintings court battle – The Independent

Posted April 20th, 2012 in artistic works, leases, news, trusts by sally

“An aristocrat whose family name is famed for its link to the Charge of the Light Brigade today failed in a bid to prevent dozens of portraits of his ancestors being sold.”

Full story

The Independent, 20th April 2012

Source: www.independent.co.uk

Souglides v Tweedie and another – WLR Daily

Posted March 14th, 2012 in landlord & tenant, law reports, leases, perpetuities by sally

Souglides v Tweedie and another [2012] EWHC 561 (Ch); [2012] WLR (D) 74

“An interest carved out of a superior leasehold or freehold interest could constitute ‘an interest reversionary (whether directly or indirectly)’ on the term of a lease for the purpose of section 9(1) of the Perpetuities and Accumulations Act 1964. Accordingly, an option for a lease extension fell within section 9(1) and so was exempt from the rule against perpetuities.”

WLR Daily, 12th March 2012

Source: www.iclr.co.uk

Signed, executed and all that! – New Square Chambers

Posted January 24th, 2012 in appeals, documents, enfranchisement, leases, news by sally

“The decision of the Court of Appeal in Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] 1 WLR 2750 (CA) highlighted the strict requirements of s 36A of the Companies Act 1985 (and hence the similarly-worded ss 43-47 of the Companies Act 2006 now in force) about companies signing and executing documents. The decision concerns a claim for leasehold enfranchisement, but is of wider importance and is a reminder, assuming that any is required, that statutory notices are very much all or nothing.”

Full story (PDF) see p. 4

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

Leasehold enfranchisement: busy times – New Square Chambers

Posted January 24th, 2012 in enfranchisement, leases, news by sally

“Despite the parlous state of the residential property market, enfranchisement claims continue to exercise courts and tribunals. This article gives a flavour of what has been generating disputes.”

Full story (PDF)

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily

Posted November 10th, 2011 in landlord & tenant, law reports, leases, Supreme Court by sally

Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52; [2011] WLR (D) 322

“An agreement for a term of uncertain duration could not give rise to a tenancy in accordance with its terms but, pursuant to section 149(6) of the Law of Property Act 1925, it could take effect as a lease for 90 years, determinable on the death of the tenant.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Smith and another v Jafton Properties Ltd – WLR Daily

Posted November 4th, 2011 in assignment, enfranchisement, law reports, leases by tracey

Smith and another v Jafton Properties Ltd; [2011] EWCA Civ 1251;  [2011] WLR (D)  314

“At common law an assignment of part of a leased property by which the leased property was physically severed had the effect that the holder of each severed part had privity of estate with the landlord only in respect of that severed part. In short, as a holder only of part of the land, he was the tenant of that severed part only.”

WLR Daily, 2nd November 2011

Source: www.iclr.co.uk

Lovat v Hertsmere Borough Council – WLR Daily

Posted October 31st, 2011 in enfranchisement, law reports, leases by sally

Lovat v Hertsmere Borough Council [2011] EWCA Civ 1185; [2011] WLR (D) 306

“In the definition of ‘an excluded tenancy’ for the purposes of the additional right to enfranchisement applicable to tenancies not at a low rent under section 1AA of the Leasehold Reform Act 1967, the phrase ‘the house which the tenant occupies under the tenancy’ in section 1AA(3)(a) was to be construed as referring solely to the ‘house’ as defined in section 2(1) of the 1967 Act (that is, excluding any grounds); and the term ‘adjoining land’ in section 1AA(3)(b) meant neighbouring land that might, but did not necessarily, touch or physically adjoin the house.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others – WLR Daily

Posted August 1st, 2011 in assignment, covenants, law reports, leases by tracey

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others [2011] EWCA Civ 904;  [2011] WLR (D)  265

“Any contractual arrangement contained in a tenancy (or a prior agreement ), which imposed an obligation on an existing or prospective guarantor of the tenant’s liabilities to guarantee the liabilities of a future assignee, would be void by reason of section 25(1) of the Landlord and Tenant (Covenants) Act 1995 because it frustrated the operation of section 24(2) of that Act, by which the original tenant’s guarantor was released from his obligation on the assignment of the tenancy. Similarly, a contractual arrangement contained in a later document, for instance, a renewal obligation imposed on a guarantor of an assignee’s liabilities in an assignment or a licence to assign, would be invalid.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) – WLR Daily

Posted January 4th, 2011 in enfranchisement, landlord & tenant, law reports, leases by sally

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) [2010] EWCA Civ 1471; [2010] WLR (D) 345

“Qualifying tenants on exercise of their right to collective enfranchisement wishing to purchase the freehold interest would have their interests valued on the basis that the rights to enfranchisement did not exist.”

WLR Daily, 22nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily

Posted July 20th, 2010 in appeals, landlord & tenant, law reports, leases by sally

Mexfield Housing Co-operative Ltd v Berrisford [2010] EWCA Civ 811; [2010] WLR (D) 192

“An occupancy agreement containing uncertain terms as to the period of occupation was not capable of creating an interest in land granting a lease of a property in favour of the occupier and was not enforceable in equity. The fact that a person took exclusive possession of the property and agreed to pay and paid rent monthly for the occupation, could create a monthly tenancy so as to bring the tenancy to an end by serving a notice to quit.”

WLR Daily, 19th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd – WLR Daily

Posted July 5th, 2010 in appeals, landlord & tenant, law reports, leases by sally

Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748; [2010] WLR (D) 168

“A ‘building designed or adapted for living in’ was a ‘house … reasonably so called’ within s 2(1) of the Leasehold Reform Act 1967 if it was constructed as a house for single occupation and the result of the most recent works which altered the building, assessed objectively, was that the property had been adapted for living in, the emphasis being on the physical appearance and character of the property rather than the user.”

WLR Daily, 2nd July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Calls for change to leasehold law – BBC News

Posted June 7th, 2010 in leases, news, tribunals by sally

“Lawyers want the rules surrounding leasehold homes to be clarified amid claims some freeholders are charging too much for extensions.”

Full story

BBC News, 5th June 2010

Source: www.bbc.co.uk

Doleman v Shaw – Times Law Reports

Posted April 22nd, 2009 in assignment, leases, news, winding up by sally

Doleman v Shaw

Court of Appeal

“When a liquidator disclaimed a lease, that did not determine any liability under the lease of the original lessee or of the guarantor in relation to leases or assignments of the leases executed after the Landlord and Tenant (Covenants) Act 1995 had come into force on January 1, 1996, although the liability of the insolvent assignee company had ceased after the disclaimer.”

The Times, 22nd April 2009

Source: www.timesonline.co.uk