Jacobs -v- Chalcot Crescent (Management) Company Limited [2024] EWHC 259 (Ch) – Gatehouse Chambers

Posted March 14th, 2024 in amendments, consent, covenants, delay, landlord & tenant, leases, news by sally

‘At a hearing in January 2024, Mr Justice Fancourt allowed an appeal from the decision of HHJ Hellman in which the Judge had determined that the Defendant landlord had reasonably withheld its consent to alterations.’

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Gatehouse Chambers, 27th February 2024

Source: gatehouselaw.co.uk

Blackhorse Investments (Borough) Limited v The London Borough of Southwark [2024] UKUT 33 (LC) – Tanfield Chambers

‘In October 2021 the leaseholder applied to the Upper Tribunal under section 84(1) / s.84(12) of the Law of Property Act 1925 to modify or discharge covenants in a lease of a pub, of which The London Borough of Southwark (Southwark) was the landlord. Despite substantial prior communications by e-mail, the application was served by hand only at Southwark’s principal offices. It did not come to the attention of the correct department (or anyone). In the result, Southwark did not file a notice of objection, the Tribunal dealt with the matter on the papers and a final order was made without a hearing in the form sought by the leaseholder.’

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Tanfield Chambers, 13th February 2024

Source: www.tanfieldchambers.co.uk

Local plan legal challenge shot down by High Court over “hypercritical scrutiny” of planning inspector report – Local Government Lawyer

Posted December 6th, 2023 in covenants, interpretation, local government, news, planning by sally

‘A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’

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Local Government Lawyer, 5th December 2023

Source: www.localgovernmentlawyer.co.uk

Section 106 obligation to transfer land to council no longer enforceable – Local Government lawyer

Posted May 19th, 2023 in covenants, enforcement, housing, local government, news by tracey

‘A High Court judge has ruled that a s.106 obligation to transfer land to a council for a nominal sum of £1 where affordable housing had not been delivered by a specified date was no longer enforceable. Barristers at Francis Taylor Building explain why.’

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Local Government lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Once more unto the breach – Nearly Legal

Posted October 31st, 2022 in appeals, covenants, housing, landlord & tenant, leases, news, notification by tracey

‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Unlawful eviction – but landlord not liable – Nearly Legal

Posted June 20th, 2022 in appeals, covenants, damages, housing, injunctions, landlord & tenant, news, repossession by tracey

‘Brem v Murray & Marchant (2022) EWHC 1479 (QB). An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord’s liability for the unlawful eviction that had taken place.’

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

Leasehold assortment – Nearly Legal

Posted December 14th, 2021 in covenants, leases, news, service charges by tracey

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

Waiver and determining breach of lease – Nearly Legal

Posted November 1st, 2021 in covenants, housing, landlord & tenant, leases, news by tracey

‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’

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Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

Damages for breach of lease? Possibly not… – Nearly Legal

Posted August 3rd, 2021 in covenants, damages, injunctions, landlord & tenant, leases, news by sally

‘This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a judgment by HHJ Luba QC, so carries the weight of a highly experienced housing/landlord and tenant judge.’

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Nearly Legal, 1st August 2021

Source: nearlylegal.co.uk

If in doubt, don’t assume it’s a solicitor’s undertaking – Hailsham Chambers

‘In its 23 July 2021 judgment, the Supreme Court tackled the severe limitations of solicitors’ undertakings in the modern era in Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32. All practitioners will need to know about this vitally important unanimous judgment.’

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Hailsham Chambers, 26th July 2021

Source: www.hailshamchambers.com

Doors, fixtures and demises – Nearly Legal

Posted July 13th, 2021 in covenants, leases, news by tracey

‘Marlborough Knightsbridge Management Ltd v Fivaz (2021) EWCA Civ 989. In which the Court of Appeal grapple with whether a front entrance door to a leasehold flat is a “landlord’s fixture” or something else. This was the landlord’s second appeal from the Upper Tribunal decision we noted here, where the UT had found that the door was part of the demise under the lease, not a landlord’s fixture. The overall issue was that the leaseholder, Mr Fivaz, had replaced the front door to his flats. The landlord contended that this was a breach of lease under a covenant.’

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Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

A Restrictive Interpretation? – Tanfield Chambers

Posted March 5th, 2021 in appeals, chambers articles, contracts, covenants, news, restraint of trade by sally

‘Andrew Butler QC assesses the recent Court of Appeal decision in Quantum Actuarial LLP v Quantum Advisory Ltd [2021] EWCA Civ 227, in which he appeared for the Appellant. The case concerned covenants in restraint of trade, arising in an unusual context.’

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Tanfield Chambers, 2nd March 2021

Source: www.tanfieldchambers.co.uk

Using leasehold property for holiday lets – Becket Chambers

Posted February 25th, 2021 in covenants, holidays, leases, news by sally

‘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).’

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Becket Chambers, 24th February 2021

Source: becket-chambers.co.uk

Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach – Nearly Legal

Posted January 27th, 2021 in covenants, forfeiture, landlord & tenant, leases, news, rent by sally

‘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).’

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Nearly Legal, 26th January 2021

Source: nearlylegal.co.uk

Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers

‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Jafari v Tareem Limited [2019] EWHC 3119 (Ch) – Tanfield Chambers

Posted July 8th, 2020 in chambers articles, covenants, damages, landlord & tenant, news, noise by sally

‘The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Conflicting Covenants Revisiting Duval v 11-13 Randolph Crescent – St Ives Chambers

Posted July 8th, 2020 in chambers articles, covenants, housing, landlord & tenant, leases, news by sally

‘What happens when a landlord:
a. On the one hand, gives Tenant A a licence to do something which would otherwise be a breach of Tenant A’s lease, but;
b. On the other hand, is under an obligation to Tenant B to enforce the covenants in Tenant 1’s lease?’

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St Ives Chambers, 6th July 2020

Source: www.stiveschambers.co.uk

Landlord’s knowledge of breach: waiver of forfeiture Faiz v Burnley BC [2020] EWCA 407 (Ch); 2 WLUK 318 (Ch D) – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, forfeiture, landlord & tenant, news, rent by sally

‘The High Court in Faiz considered the interrelationship between a landlord’s knowledge and the date of accrual of a tenant’s liability and their effect on waiver of forfeiture.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Use as a Private Dwelling House Does Not Include Shortterm Holiday Lets – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, holidays, leases, news, tribunals by sally

‘Many property owners are taking advantage of new technology to advertise short term stays at their properties on various platforms. Two of the most common are Airbnb and Booking.com. Changes to the tax relief available on buy to let mortgages has also caused a move towards Furnished Holiday Lettings.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Promises, promises: what is a landlord to do? Looking at the Supreme Court ruling in Duval v 11-13 Randolph Crescent – Becket Chambers

Posted June 16th, 2020 in covenants, enforcement, landlord & tenant, leases, news, Supreme Court by sally

‘Is a landlord of a block of flats entitled to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of their flat, where the leases of other flats in the same building require them to enforce covenants at the request of a lessee of one of those other flats, without being in breach of the latter covenant?’

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Becket Chambers, 11th June 2020

Source: becket-chambers.co.uk