Leasehold campaigners hail ‘landmark’ changes – BBC News
‘Two big players in the leasehold sector have agreed to change the way they operate, following an investigation by the competition watchdog.’
BBC News, 23rd June 2021
Source: www.bbc.co.uk
Category: leases
Appeal court confirms validity of ‘contracting out’ statutory declaration – OUT-LAW.com
‘Commercial landlords and tenants are not required to specify the actual date of grant of the lease when “contracting out” of the security of tenure provisions in the 1954 Landlord and Tenant Act (1954 Act), the Court of Appeal has confirmed.’
OUT-LAW.com, 3rd June 2021
Source: www.pinsentmasons.com
Firm avoids negligence penalty following out-of-time ruling – Law Society’s Gazette
‘A professional negligence claim against solicitors was issued too late because the clock began ticking from when the mistake was initially made rather than when damage ensued, the Court of Appeal has ruled.’
Law Society's Gazette, 19th May 2021
Source: www.lawgazette.co.uk
Councils could be owed “hundreds of millions of pounds” in business rates following Supreme Court ruling – Local Government Lawyer
‘Local authorities could be in line for hundreds of millions of pounds in business rates following last week’s landmark Supreme Court ruling, the solicitor who acted for the appellant councils has claimed.’
Local Government Lawyer, 17th May 2021
Source: www.localgovernmentlawyer.co.uk
Johnson’s planning laws an ‘utter disaster’, say countryside campaigners – The Guardian
‘A dramatic loosening of planning laws to create a housebuilding boom will damage local democracy and destroy swathes of countryside by granting property developers a freer hand to build over green fields, planning experts have warned.’
The Guardian, 11th May 2021
Source: www.theguardian.com
Grenfell survivors condemn ‘grave injustice’ as leaseholders left facing huge bills to remove cladding – The Independent
‘Survivors and bereaved relatives from the Grenfell Tower fire disaster say they are furious after parliament voted for measures that will leave householders facing huge bills for removing dangerous cladding from homes.’
The Independent, 29th April 2021
Source: www.independent.co.uk
Landlords challenge fairness of restructuring plan in landmark case – OUT-LAW.com
‘The scope for landlords to successfully challenge restructuring plans launched by financially distressed tenants who seek to compromise lease liabilities could be severely impinged if the High Court in London approves a restructuring plan in the face of opposition from landlords.’
OUTLAW.com, 28th April 2021
Source: www.pinsentmasons.com
Supreme Court agrees to hear battle over termination of fixed term secure flexible tenancies – Local Government Lawyer
‘The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.’
Local Government Lawyer, 28th April 2021
Source: www.localgovernmentlawyer.co.uk
Grenfell: Government defeated on fire safety costs bill – BBC News
‘The government has been defeated for a fourth time on its Fire Safety Bill as the House of Lords voted to shield residents from fire safety work costs.’
BBC News, 27th April 2021
Source: www.bbc.co.uk
No loss, no gain, no mesne profit? – New Square Chambers
‘This decision is a real treat to read. The case, which is principally concerned with the validity of a break clause notice served by a landlord to determine a lease, is delivered in a communicative style, and enlivened by a number of sporting references.’
New Square Chambers, 1st April 2021
Source: www.newsquarechambers.co.uk
20-6 or 4-1: Council wins High Court battle over lease of stately home – Local Government Lawyer
‘A High Court judge has likened the result of a trial of a lease dispute involving Wigan Borough Council to the outcome of rugby league and soccer matches.’
Local Government Lawyer, 7th April 2021
Source: www.localgovernmentlawyer.co.uk
Between repairs and structural defects – Nearly Legal
‘This was the Court of Appeal judgment on an appeal from the Upper Tribunal … where the issue was whether the leaseholders were liable under their service charge for the costs of works by City of London, the freeholder, to remedy structural defects.’
Nearly Legal, 4th April 2021
Source: nearlylegal.co.uk
Leaseholders win battle with City of London over service charges – Local Government Lawyer
‘Leaseholders have won a Court of Appeal case against the City of London Corporation over whether certain repairs to their homes are chargeable to them.’
Local Government Lawyer, 31st March 2021
Source: www.localgovernmentlawyer.co.uk
Leasehold miscellany – Nearly Legal
‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
Using leasehold property for holiday lets – Becket Chambers
‘As we start to consider the possibility of lockdown lifting and our thoughts recklessly stray to the idea of getting away from it all, I thought I would dampen the exuberance by reminding us all of the perils of using leasehold property for holiday lets (Airbnb or otherwise).’
Becket Chambers, 24th February 2021
Source: becket-chambers.co.uk
Case Preview: Balhousie Holdings Ltd v Commissioners for Her Majesty’s Revenue & Customs (Scotland) – UKSC Blog
‘In this post, Jacob Gilkes, a member of the tax team at CMS, previews the decision awaited from the UK Supreme Court in the matter of Balhousie Holdings Limited v The Commissioners for Her Majesty’s Revenue & Customs, which concerns whether a sale and leaseback transaction should be regarded for VAT purposes as a disposal by the seller of its “entire interest” in the building.’
UKSC Blog, 25th February 2021
Source: ukscblog.com
Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach – Nearly Legal
‘On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the decision of HHJ Halliwell (2020) EWHC 407 (Ch).’
Nearly Legal, 26th January 2021
Source: nearlylegal.co.uk
Ping Pong and fire safety – Nearly Legal
‘Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the Grenfell Tower disaster, it has become clear that there are hundreds of thousands (if not millions) of dwellings across England and Wales which have fire safety problems, either as a result of how they were originally constructed or because of conversion/adaptation works. Those problems are not limited to ACM cladding (which was the kind of cladding on Grenfell Tower) but also includes lots of other types cladding (including something called HPL cladding, in essence, wood-effect), and the absence of fire breaks (designed to stop fire spreading from one flat to another), defective or absent fire doors.’
Nearly Legal, 10th January 2021
Source: nearlylegal.co.uk
Government vows to end complex leasehold costs – BBC News
‘Planned reforms of the controversial leasehold system in England are set to clamp down on high costs when extending a lease.’
BBC News, 7th January 2021
Source: www.bbc.co.uk
