Law Commission publishes leasehold reform proposals – OUT-LAW.com

Posted September 25th, 2018 in consultations, enfranchisement, Law Commission, leases, news by sally

‘Detailed proposals to reform the leasehold enfranchisement process and make it easier and cheaper for leaseholders in England and Wales to purchase the freehold of their house or flat have been published by the Law Commission.’

Full Story

OUT-LAW.com, 24th September 2018

Source: www.out-law.com

A fairer deal for leaseholders of houses and flats – Law Commission

‘The Law Commission has proposed a series of radical reforms designed to provide a better deal for leaseholders who want to purchase the freehold or to extend the lease of their home.’

Full press release

Law commission, 20th September 2018

Source: www.lawcom.gov.uk

When a long lease is a shorthold – Nearly Legal

Posted September 18th, 2018 in landlord & tenant, leases, news, rent by sally

‘While on leasehold issues, this has been floating around for a bit, but I don’t think it has had the attention and awareness it deserves (perhaps particularly from conveyancers). With all the fuss/scandal around leasehold houses and multiplying ground rent clauses, a more general issue with long leases and ground rent has been overlooked.’

Full Story

Nearly Legal, 16th September 2018

Source: nearlylegal.co.uk

Landlord granted injunction against tenant using Airbnb, upheld on appeal: Bermondsey Exchange Freeholders Limited v Ninos Koumetto (Trustee in Bankruptcy of Kevin Geoghehan Conway) [2018], County Court at Central London – Henderson Chambers

Posted August 9th, 2018 in injunctions, landlord & tenant, leases, news by sally

‘The rise of websites such as Airbnb has seen an increase in short term holiday style letting of traditionally long-term residential properties. In 2015 London’s housing legislation was amended specifically in response to the rise of Airbnb and other websites: a homeowner is able to let out their house, flat or spare rooms for up to three months a year. In London, unlike other cities such as Berlin or Barcelona, there are no city-wide regulations (or restrictions) regarding the use of Airbnb. This case emphasises that it falls to construction of the terms of the lease between the freeholder and leaseholder to ascertain whether a leaseholder’s use of Airbnb is permitted.’

Full Story

Henderson Chambers, 27th July 2018

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Radical proposal to make escaping ‘leasehold trap’ easier for homeowners raised by Law Commission – The Independent

Posted July 20th, 2018 in enfranchisement, Law Commission, leases, news, reports by tracey

‘A radical proposal to make it easier and cheaper for homeowners to escape the so-called “leasehold trap” and buy the freehold of their houses has been put forward by the Law Commission.’

Full Story

The Independent, 19th July 2018

Source: www.independent.co.uk

Leasehold law set for radical reform – Law Commission

Posted July 19th, 2018 in housing, Law Commission, leases, press releases by tracey

‘Radical new proposals to provide a fairer deal for leasehold homeowners have been announced by the Law Commission. Following hot on the heels of plans by the Government to ban the sale of houses on a leasehold basis, the independent legal body is outlining a range of measures to help existing leasehold homeowners buy the freehold of their houses.’

Full press release

Law Commission, 19th July 2018

Source: www.lawcom.gov.uk/

Law reform needed to help leaseholders take control of their buildings – Law Commission

Posted July 5th, 2018 in landlord & tenant, Law Commission, leases, press releases by tracey

‘Housing Secretary James Brokenshire has asked the Law Commission to look at improving the laws which allow leaseholders to manage their own buildings.The legislation on Right to Manage is meant to put power in leaseholders’ hands and stop abuse, by allowing some leasehold property owners to take over the management of a building. But issues with the law have stopped its usage becoming widespread. And those who have taken up the option have found delays, costs and uncertainty.’

Full press release

Law Commission, 4th July 2018

Source: www.lawcom.gov.uk

A treatise in defence of ground rents – Hardwicke Chambers

Posted June 19th, 2018 in leases, news, rent by sally

‘On 14 April, Guy Fetherstonhaugh QC’s EG column, “What on earth is ground rent for?”, set out why, in his view, there were many good reasons to abolish “pointless” ground rent on new leases, writes Simon Allison.’

Full Story

Hardwicke Chambers, 12th June 2018

Source: www.hardwicke.co.uk

What is the price of safety? And who pays the price? – Hardwicke Chambers

Posted June 18th, 2018 in fire, health & safety, inquiries, leases, news, repairs by sally

‘On 14 June 2017, 72 people were killed when a huge fire engulfed the Grenfell Tower Block in West London. As we approach the anniversary of that appalling disaster, the inquiry into what happened has only just begun, with harrowing accounts from witnesses and survivors. One thing that does seem clear however, is that the retro-fitted cladding which was applied to the outside of the tower was entirely useless in slowing the blaze. Indeed, it seems that the cladding was itself flammable, feeding the flames, and was fitted in such a way as to aid the spread of the blaze.’

Full Story

Hardwicke Chambers, 12th June 2018

Source: www.hardwicke.co.uk

Council “did not have vires to lease part of common to pre-school nursery” – Local Government Lawyer

Posted May 24th, 2018 in commons, education, leases, local government, news, ultra vires by tracey

‘The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 23rd May 2018

Source: www.localgovernmentlawyer.co.uk

Leasehold law reform work will improve lives of millions – Hopkins – Law Commission

Posted April 30th, 2018 in enfranchisement, Law Commission, leases, press releases by tracey

‘Professor Nick Hopkins has pledged that the Law Commission’s leasehold reform recommendations to government will provide a “better deal for leaseholders”. Announced as part of the 13th Programme of Law Reform, the Law Commission residential leasehold and commonhold project aims to improve consumer choice, provide greater fairness, and make the process of enfranchisement easier, quicker and more cost effective.’

Full press release

Law Commission, 27th April 2018

Source: www.lawcom.gov.uk/

Law Commission seeks views on boosting take-up of commonhold – OUT-LAW.com

Posted March 12th, 2018 in housing, Law Commission, leases, news by sally

‘The Law Commission is seeking views on why the “little-known and little used” commonhold model of home ownership has not become a popular alternative to residential leasehold.’

Full Story

OUT-LAW.com, 9th March 2018

Source: www.out-law.com

One bad reason need not cancel out withholding of consent – OUT-LAW.com

Posted March 8th, 2018 in appeals, consent, landlord & tenant, leases, news, reasons by tracey

‘A landlord which withholds its consent to a lease assignment will not necessarily be doing so unreasonably where it has multiple reasons for doing so, and only one of those reasons is itself unreasonable.’

Full Story

OUT-LAW.com, 7th March 2018

Source: www.out-law.com

Home-ownership call for evidence – help make commonhold more common – Law Commission

Posted February 23rd, 2018 in consultations, Law Commission, leases, press releases, sale of land by tracey

‘The Law Commission is asking flat owners, housebuilders, mortgage lenders and lawyers to help shape a law which could help people own their flats outright. The independent legal body wants views on a little-known and little used home ownership status called commonhold, which provides an alternative to residential leasehold.’

Full press release

Law Commission, 22nd February 2018

Source: www.lawcom.gov.uk/

Fire Safety – Who Pays? – Nearly Legal

Posted February 5th, 2018 in costs, fire, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for rectifying the problems. For leaseholders in those blocks, this was always going to be a very serious issue.’

Full Story

Nearly Legal, 4th February 2018

Source: nearlylegal.co.uk

Landmark leasehold case fails to slash extension costs – The Guardian

Posted January 25th, 2018 in appeals, costs, leases, news by tracey

‘Campaigners have failed in a long-running legal battle to slash leasehold costs after the court of appeal ruled in favour of a major London freeholder. The case, Mundy v the Sloane Stanley Estate, involved a small flat in Chelsea where the lease had fallen to less than 23 years and the freeholder was seeking £420,000 to agree an extension.’

Full Story

The Guardian, 24th January 2018

Source: www.theguardian.com

Property market braces for shockwaves from landmark leasehold case – The Guardian

Posted January 15th, 2018 in appeals, housing, leases, news by sally

‘One of Britain’s richest men, the Duke of Westminster, could see the value of his estates plummet this week if a landmark legal challenge is successful. The case could also benefit 2m households across England and Wales.’

Full Story

The Guardian, 14th January 2018

Source: www.theguardian.com

Ryan v Villarosa [2017] UKUT 466 (LC) – Tanfield Chambers

Posted January 9th, 2018 in landlord & tenant, leases, news, repairs, tribunals by sally

‘In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.’

Full Story

Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Beach huts: chattels, leases, estoppel – Nearly Legal

Posted January 9th, 2018 in estoppel, gifts, housing, leases, news by sally

‘Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving. This is not just because of the claims discussed – whether beach huts were fixtures or chattels, whether a lease had been granted to the owners of the huts, whether the landowner was estopped from obtaining possession, and even certain pleadings issues (the pleadings do seem to have been a little, erm, jejeune) – but also because HHJ Matthews (who I’m ashamed to say I haven’t come across) added his tuppenies to a couple of controversies, not least making some important observations on the correctness of the Supreme Court judgment in Berrisford v Mexfield. Part of the problem in the case was that the events which underpinned the various claims happened over many years, were oral, and, in some cases, involved transfers of title (the issues of which were neatly stepped over by the judge who referred to bona fide purchasers, so we might be dealing with unregistered land, a point not made clear).’

Full Story

Nearly Legal, 8th January 2018

Source: nearlylegal.co.uk

Burnley Hall LLP v Domicilium Limited (Chancery Division, 14 November 2017) – Falcon Chambers

Posted December 8th, 2017 in arbitration, capital allowances, leases, news by sally

‘Burnley Hall brought a claim for specific performance of a put option agreement. The agreement was part of a broader transaction by which the claimant, a limited liability partnership, entered into a joint venture for the development of student accommodation. The venture was entered into on condition that Business Premises Renovation Allowances (under Part 3A of the Capital Allowances Act 2001) would be available and in the event that they were not, Burnley Hall secured the right to extricate itself from the transaction by exercising a put option to require the defendants to take back the leases they had granted and to repay the sums invested by the individuals behind the LLP.’

Full Story

Falcon Chambers, 14th November 2017

Source: www.falcon-chambers.com