Category: leases

Terminating leases for repudiatory breach – Wilberforce Chambers

Posted January 16th, 2020 in contracts, damages, landlord & tenant, leases, news by sally

‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’

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Wilberforce Chambers, 8th January 2020

Source: www.wilberforce.co.uk

The right to manage – when procedural slips are non-fatal (Lexham House RTM Company Ltd v European Investments & Development (Properties) Ltd) – Falcon Chambers

Posted January 16th, 2020 in landlord & tenant, leases, news, notification by sally

‘The case demonstrates that a right-to-manage (RTM) company’s failure to serve a claim notice on a landlord of part of the premises will not amount to non-compliance with CLRA 2002, s 79(6) capable of invalidating the notice where, for all practical purposes, that landlord will not be affected by the RTM company’s assumption of the right to manage.’

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Falcon Chambers, 7th January 2020

Source: www.falcon-chambers.com

Leasehold reform plans branded ‘nothing more than tinkering’ – The Guardian

Posted January 10th, 2020 in consultations, housing, human rights, Law Commission, leases, news, statute law revision by tracey

‘The Law Commission has set out a range of proposals which it said will make it cheaper for Britain’s 4 million leaseholders to buy their freehold or extend their lease. However, the reforms were immediately branded by campaigners as “nothing more than tinkering”.’

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The Guardian, 9th January 2020

Source: www.theguardian.com

Options for reforming valuation in leasehold enfranchisement published by Law Commission – Law Commission

Posted January 9th, 2020 in enfranchisement, leases, press releases, valuation by tracey

‘The Law Commission of England and Wales has today [09 January 2020] published a report setting out options to reduce the cost that leaseholders have to pay to buy the freehold or extend the lease of their homes (known as “enfranchisement”). The reforms have the potential to make the process easier and more affordable for millions of leaseholders across England and Wales.’

Full press release

Law commission, 9th January 2020

Source: www.lawcom.gov

A busy residential road lies ahead – Tanfield Chambers

Posted January 9th, 2020 in covenants, enfranchisement, housing, landlord & tenant, leases, news, repossession by sally

‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’

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Tanfield Chambers, 6th January 2019

Source: www.tanfieldchambers.co.uk

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

Posted January 6th, 2020 in appeals, housing, jurisdiction, landlord & tenant, leases, news, repairs, service charges, tribunals by sally

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

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Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

Dispute over empty properties and £10m+ in business rates to go to Supreme Court – Local Government Lawyer

Posted December 9th, 2019 in appeals, interpretation, leases, local government, news, rates, Supreme Court by sally

‘The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.’

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Local Government Lawyer, 6th December 2019

Source: www.localgovernmentlawyer.co.uk

A new question: When is a flat not a flat? – Tanfield Chambers

Posted December 4th, 2019 in enfranchisement, leases, news by sally

‘Having struggled with ‘what is a house?’, the Court of Appeal has turned its attention to ‘what is a flat?’’

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Tanfield Chambers, 2nd December 2019

Source: www.tanfieldchambers.co.uk

East Tower Apartments Limited v No.1 West India Quay Residential Limited LON/00BG/LSC/2014/0329 – Tanfield Chambers

Posted December 4th, 2019 in leases, news, service charges, utilities by sally

‘The long-running saga of East Tower Apartments Limited v No.1 West India Quay Residential Limited continues.

The landlord has been given permission to appeal to the Upper Tribunal on the issue of whether a demand under Section 20B(1) must be a contractually valid demand. If the landlord is successful, this will likely require the Upper Tribunal to find that Brent London Borough Council v Schulem B Association Ltd [2011] 1 WLR 3014 was wrongly decided.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Triplerose Ltd v Ms Bronwen Stride [2019] UKUT 99 (LC) – Tanfield Chambers

Posted December 4th, 2019 in expert witnesses, landlord & tenant, leases, news, service charges, surveyors by sally

‘There was inadequate evidence to conclude that a lease was ‘unsatisfactory’ for the purposes of s.35 of the Landlord and Tenant Act 1987 (‘the 1987 Act’), and an FTT order varying the lease was overturned. The FTT decision finding no prejudice due to a lack of expert evidence was also set aside: this decision could not stand in circumstances where an application to adjourn to obtain expert evidence had been refused due to their being an expert surveyor on the panel.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Camden LBC v Morath [2019] UKUT 193 (LC) – Tanfield Chambers

Posted December 4th, 2019 in landlord & tenant, leases, news, service charges by sally

‘The First-tier Tribunal had been correct to refuse a local authority landlord’s application under the Landlord and Tenant Act 1987 section 35 to vary 28 subleases granted to the occupiers of flats. The fact that those sublessees made a lower contribution by way of service charges to the landlord’s expenses than the sublessees of other flats in the same development did not mean that their subleases failed, for the purposes of section 35(2), to “make satisfactory provision” for the recovery of expenditure.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Relief from the forfeiture of a licence – Guildhall Chambers

Posted November 20th, 2019 in forfeiture, landlord & tenant, leases, news by sally

‘Traditionally it has been supposed that only tenants of leases could obtain relief from forfeiture; Grays’
Elements of Land Law 5th Ed. §4.1.69:
Only a tenant – and not a licensee – may ask for relief against forfeiture.
This has just been reversed by the Supreme Court (23rd October 2019).’

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Guildhall Chambers, 7th November 2019

Source: www.guildhallchambers.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

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Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal

Posted November 7th, 2019 in costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’

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Nearly Legal, 5th November 2019

Source: nearlylegal.co.uk

Supreme Court backs freeholder in leasehold covenant dispute – Law Society’s Gazette

Posted October 31st, 2019 in covenants, landlord & tenant, leases, news, planning, Supreme Court by sally

‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’

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Law Society's Gazette, 30th October 2019

Source: www.lawgazette.co.uk

Negotiating Retail CVAs – where are we now? Amanda Eilledge considers the recent decision in Discovery (Northampton) Limited v Debenhams [2019] EWHC 2441 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in insolvency, leases, news, rent by sally

‘2018 was seen by many as the ‘year of the CVA’ and the year of the so -called ‘Retail CVA’ in particular. Such CVAs have been used in an attempt by companies operating in the retail and casual dining sector with burdensome leases to reduce the cost of their premises whilst continuing to trade.’

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Hardwicke Chambers, 14th October 2019

Source: hardwicke.co.uk

For this relief, much thanks – Nearly Legal

Posted October 30th, 2019 in appeals, equity, forfeiture, leases, news, Supreme Court by sally

‘Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie a right to occupy or use the land). The whole thing is fascinating, but this is not the place to get into the details of the history of equitable relief.’

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Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Defeating tenancy renewal requests by reason of redevelopment – OUT-LAW.com

Posted October 22nd, 2019 in landlord & tenant, leases, news, planning by tracey

‘The county court in England recently considered the ability of a landlord to oppose its tenant’s lease renewal due to its intention to carry out substantial construction work on the premises.’

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OUT-LAW.com, 18th October 2019

Source: www.pinsentmasons.com

New Acts – legislation.gov.uk

Posted September 11th, 2019 in brexit, EC law, leases, legislation, parliament, repairs by tracey

Parliamentary Buildings (Restoration and Renewal) Act 2019

European Union (Withdrawal) (No. 2) Act 2019

Kew Gardens (Leases) Act 2019

Source: www.legislation.gov.uk

Court finds for landlord over possession of under-occupied property – Local Government Lawyer

Posted August 1st, 2019 in appeals, bereavement, landlord & tenant, leases, local government, news, repossession, time limits by tracey

‘The Court Of Appeal has clarified the law over when a council should serve a notice seeking possession from a resident who has succeeded to a tenancy.’

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Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk