Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal

Posted May 16th, 2022 in damages, debts, enforcement, housing, leases, mental health, news, repossession by tracey

‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’

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Nearly Legal, 15th May 2022

Source: nearlylegal.co.uk

Service and admin charges – from the Upper Tribunal – Nearly Legal

‘The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation requirements on the basis that the freeholder “had started the consultation process and had kept the leaseholders of flats in the block informed until the works became sufficiently urgent that the respondent had had to carry them out without waiting for the consultation to be completed.”’

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Nearly Legal, 3rd April 2022

Source: nearlylegal.co.uk

The leasehold reform consultation – Mills & Reeve

‘The Department for Levelling Up, Housing and Communities is seeking views on the reform of the residential leasehold and commonhold system in England and Wales.’

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Mills & Reeve, 14th February 2022

Source: www.mills-reeve.com

New powers proposed to end unsafe cladding – BBC News

Posted February 15th, 2022 in bills, construction industry, fire, health & safety, leases, news, repairs by tracey

‘New powers proposed to end unsafe cladding’

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BBC News, 14th February 2022

Source: www.bbc.co.uk

New Act – legislation.gov.uk

Posted February 11th, 2022 in leases, legislation by tracey

Leasehold Reform (Ground Rent) Act 2022

Source: www.legislation.gov.uk

Settled by Settlers – Nearly Legal

Posted January 17th, 2022 in appeals, housing, landlord & tenant, leases, news, service charges, Supreme Court by tracey

‘FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can’t say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company directors and the Law Commission into a bit of a spin.’

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Nearly Legal, 15th January 2022

Source: nearlylegal.co.uk

The ‘right to manage’ and shared estate facilities – Local Government Lawyer

Posted January 13th, 2022 in easements, landlord & tenant, leases, news, service charges, Supreme Court by tracey

‘In a key ruling on the “right to manage” and wider estate facilities, the Supreme Court has overturned the Court of Appeal’s ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.’

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Local Government Lawyer, 12th January 2022

Source: www.localgovernmentlawyer.co.uk

Leaseholders will not have to pay to fix any fire risks, government pledges – The Guardian

Posted January 11th, 2022 in defective premises, fire, health & safety, leases, news, repairs, taxation by tracey

‘New legislation will protect leaseholders from the costs of all post-Grenfell building safety defects, not just combustible cladding, the government has said.’

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The Guardian, 10th January 2022

Source: www.theguardian.com

Leasehold assortment – Nearly Legal

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

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

Court of Appeal on time of demands and legal costs in service charges – Nearly Legal

Posted December 1st, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’

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Nearly Legal, 30th November 2021

Source: nearlylegal.co.uk

Research Briefing: Leasehold Reform (Ground Rent) Bill 2021-22 – House of Commons Library

Posted November 26th, 2021 in bills, housing, leases, news, parliament, rent by tracey

‘This briefing paper outlines the main provisions of the Leasehold Reform (Ground Rent) Bill 2021-22 and the key issues raised during consideration in the House of Lords.’

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House of Commons Library , 25th November 2021

Source: commonslibrary.parliament.uk

Fire safety advice for low-rise blocks to be withdrawn, Gove says – The Guardian

Posted November 9th, 2021 in fire, government departments, health & safety, housing, leases, mortgages, news, repairs by tracey

‘Safety advice that has left thousands of households unable to sell their homes after the Grenfell Tower fire will be withdrawn by Christmas, Michael Gove has announced.’

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The Guardian, 8th November 2021

Source: www.theguardian.com

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

Recovering commercial rent during the pandemic – Local Government Lawyer

Posted October 15th, 2021 in coronavirus, debts, landlord & tenant, leases, local government, news, rent, set-off by tracey

‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’

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Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

A tale of two judges – Law Society’s Gazette

Posted October 11th, 2021 in coronavirus, county courts, judges, landlord & tenant, leases, news, rent by sally

‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’

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Law Society's Gazette, 11th October 2021

Source: www.lawgazette.co.uk

Late service charge demands and the importance of contemplating forfeiture for recovering legal costs – Nearly Legal

Posted September 6th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and the head lessee, East Tower Apartments (ETAL) on the arrangements for and charging for utilities for the residential parts of the building (a 33 storey tower, including a hotel). The initial proceedings brought by ETAL had gone through the FTT and the Upper Tribunal and had resulted in a significant reduction in charges. For our purposes, the relevant part of these decisions where that ‘Switch 2) – the utility provider – had levied “standing charges” (actually costs for reading meters and preparing bills) from 2008 onwards. The freeholder had included these charges in the utility charge to the lessee. The FTT had found that they were not recoverable, as there had never been “a contractually valid demand for them as service charges, and it was not open to the Landlord to “re-allocate” them as general service charge.”’

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Nearly Legal, 5th September 2021

Source: nearlylegal.co.uk

Research Briefing: Disabled adaptations in leasehold flats and common parts – House of Commons Library

Posted September 6th, 2021 in disabled persons, equality, government departments, housing, leases, news, parliament by tracey

‘This paper covers how leaseholders in flats can gain consent to home adaptations. It covers the issue of adaptations in the common parts of residential buildings.’

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House of Commons Library, 5th September 2021

Source: commonslibrary.parliament.uk

‘We’re being gaslighted’: Leaseholders given huge bills despite government claim their flats are safe – The Independent

Posted August 23rd, 2021 in building law, fire, health & safety, housing, leases, news, repairs by tracey

‘Homeowners in low-rise apartment blocks are being told they must hand over life-changing sums because their flats could go up in flames, even though the government has claimed the buildings pose “no systemic risk” and don’t need to be fixed.’

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The Independent, 22nd August 2021

Source: www.independent.co.uk

High Court judge says housing authority has no power or discretion to accept request for late review of s.107D(3) notice – Local Government Lawyer

Posted August 5th, 2021 in housing, landlord & tenant, leases, news, notification, time limits by sally

‘A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant’s existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.’

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Local Government Lawyer, 5th August 2021

Source: www.localgovernmentlawyer.co.uk