How much should a residential lease extension cost? – Tanfield Chambers

Posted February 8th, 2019 in landlord & tenant, leases, news by sally

‘The need for the reform of landlord and tenant law is now a hot topic. The practice of selling houses on leases or imposing escalating ground rents has fuelled outrage from all quarters and put the spotlight on other areas of residential leasehold law which are long overdue for reform. While the lobbyists are unlikely to achieve their ultimate goal of the abolition of leasehold altogether, it is looking increasingly likely that the law on leasehold enfranchisement will be significantly overhauled.’

Full Story

Tanfield Chambers, 30th January 2019

Source: www.tanfieldchambers.co.uk

Costs shake-up proposed for landlord-leaseholder disputes – Law Society’s Gazette

Posted January 29th, 2019 in costs, enfranchisement, landlord & tenant, leases, news by sally

‘Landlords would not be able to recover their legal costs from leaseholders unsuccessfully making ‘right-to-manage’ claims under proposals published by the Law Commission today. The aim is to simplify the process under which leaseholders take over day-to-day responsibility for properties – and to discourage landlords from retaining ‘expensive’ lawyers to fight such claims.’

Full Story

Law Society's Gazette, 28th January 2019

Source: www.lawgazette.co.uk

Practically complete or completely impractical? Navigating the pitfalls of what constitutes practical completion – Practical Law: Construction Blog

‘Many a construction dispute turns on defects. A significant subset of those turn on whether the existence of defects prevents practical completion from taking place. It’s not surprising that these situations are contentious: contractors are keen that practical completion is certified so as to avoid or limit their liability for liquidated damages, trigger the return of retention monies and, often, to bring about an assessment of sums they consider due under the final account. Employers may be understandably reluctant to take possession of a property which they consider defective and by resisting practical completion an employer can put pressure on a contractor by withholding sums that would otherwise become due. Practical completion is therefore an important concept in construction contracts, although one that is often not precisely defined, which can cause uncertainty and hinder the operation of the contract.’

Full Story

Practical Law: Construction Blog, 23rd January 2019

Source: constructionblog.practicallaw.com

Whether Rates Proposal Invalidated by Omission – Local Government Law

Posted January 15th, 2019 in leases, mistake, news, rates, rent by tracey

‘In Alam v Valuation Officer (2018) UKUT 266 (LC) Mr Alam is the proprietor of the restaurant. He took a lease of a Property. His agents submitted a proposal to reduce the rateable value of the Property. In their proposal they stated correctly that Mr Alam was the occupier of the Property but also stated that the Property was “owner/occupied”. The proposal was completed in that way because of a misunderstanding between Mr Alam and his agents. As a result, the agents did not include any information in response to the question “if not owner/occupied, is a rent or licence fee paid?” and, in particular, did not state the rent payable, the date it had first become payable and the date of the next rent review. All of this was information required by Regulation 6(3) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 (“the 2009 Regulations”). The issue in Mr Alam’s appeal to the Upper Tribunal (Lands Chamber) concerned the consequence of the mis-statement of the capacity in which Mr Alam occupied the Property and the omission of any information about the rent payable. The Valuation Tribunal for England (“VTE”) found that the proposal was invalid, explaining: “… in whatever circumstances to omit the rent from the proposal was a substantial failure to comply with the Regulations. The panel was therefore persuaded that the error was so fundamental that the proposal could not in any circumstances be treated as valid.” ‘

Full Story

Local Government Law, 9th January 2019

Source: local-government-law.11kbw.com

Commercial lease renewal: the death of contrived developments – Hardwicke Chambers

Posted December 14th, 2018 in landlord & tenant, leases, news, Supreme Court by sally

‘Alexander Bastin discusses the Supreme Court’s decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 on whether a landlord can oppose the grant of a new tenancy by relying on section 30 (1)(f) of the Landlord and Tenant Act 1954, if the works which it says it intends to do have no purpose other than to get rid of the tenant.’

Full Story

Hardwicke Chambers, 7th December 2018

Source: hardwicke.co.uk

Duval v 11-13 Randolph Crescent Ltd and the contingent obligation principle; or ‘What do promises to marry have to do with leasehold covenants?’ – Hardwicke Chambers

Posted December 12th, 2018 in covenants, landlord & tenant, leases, news by sally

‘In Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 the Court of Appeal applied what might be called ‘the contingent obligation principle’ to solve a problem that had arisen between the landlord (11-13 Randolph Crescent Ltd) of two houses that had been converted into 18 flats and two of the lessees, Dr Julia Duval of flats 11G and 11H, and Mrs Winfield of Flat 13.’

Full Story

Hardwicke Chambers, 29th November 2018

Source: hardwicke.co.uk

Disclaiming Disclaimer – Hardwicke Chambers

Posted December 12th, 2018 in abuse of process, bona vacantia, Crown, leases, news by sally

‘When a company is dissolved, all its property and rights (including leasehold property) are deemed to be bona vacantia and accordingly belong to the Crown. Pursuant to s.1013 of the Companies Act 2006, where property so vests in the Crown, the Crown’s title to it may be disclaimed by a notice signed by the Crown representative. By s.1017 of the Act, the court may make an order vesting disclaimed property in a person with an interest in it.’

Full Story

Hardwicke Chambers, 11th December 2018

Source: hardwicke.co.uk

Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) – 4 New Square

Posted December 11th, 2018 in construction industry, contracts, housing, landlord & tenant, leases, news by sally

‘Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing the certification of practical completion, the practical effect of which was to allow Mears to terminate its agreement to take a lease of the accommodation.’

Full Story

4 New Square, 10th December 2018

Source: www.4newsquare.com

New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog

‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’

Full Story

UKSC Blog, 5th December 2018

Source: ukscblog.com

Law Commission seeks to jump-start commonhold demand – Law Society’s Gazette

Posted December 11th, 2018 in housing, landlord & tenant, Law Commission, leases, news by sally

‘The Law Commission is hoping to reinvigorate demand for an alternative form of property ownership that struggled to gain traction when it was introduced nearly two decades ago.’

Full Story

Law Society's Gazette, 10th December 2018

Source: www.lawgazette.co.uk

Court applies state aid rules in lease dispute – 11 KBW

Posted December 11th, 2018 in appeals, leases, local government, news, sport, state aids by sally

‘James Goudie QC explains how the Court of Appeal reached its conclusion, in a dispute over a lease extension, that the extension granted to the owners of a football club by a local authority was not state aid.’

Full Story

11 KBW, 13th November 2018

Source: www.11kbw.com

Expand ‘commonhold’ ownership system, government urged – The Guardian

Posted December 10th, 2018 in Law Commission, leases, news by sally

‘The rarely used “commonhold” system of home ownership should be expanded as an alternative to landlord-controlled leaseholds which are increasingly resented, the Law Commission is recommending.’

Full Story

The Guardian, 10th December 2018

Source: www.theguardian.com

Service charge claims – paying trial fees and concurrent jurisdiction – Nearly Legal

Posted November 12th, 2018 in fees, jurisdiction, leases, news, service charges by tracey

‘Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018. CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of time and this was granted. However CHG then brought a claim in the county court against H for non payment of service charges over a five year period.’

Full Story

Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Who needs a wall anyway? Unfit to occupy and risk of collapse – Nearly Legal

Posted November 12th, 2018 in defective premises, landlord & tenant, leases, news, rent by tracey

‘Or, the significance of tenancy agreement clauses.’

Full Story

Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Valuation under evaluation: proposals for reform – Tanfield Chambers

‘Nicola Muir considers the Law Commission’s options for reforming the valuation of residential lease extensions.’

Full Story

Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

Full Story

Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

Full Story

Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

Full Story

Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Universal Credit – more woes – Nearly Legal

Posted November 2nd, 2018 in benefits, housing, leases, mesne profits, news, regulations, rent by sally

‘The Universal Credit Regulations 2013 contain certain exclusions from the housing element of Universal Credit.’

Full Story

Nearly Legal, 1st November 2018

Source: nearlylegal.co.uk

A way to deal with delinquent lessors? – Nearly Legal

Posted October 26th, 2018 in covenants, landlord & tenant, leases, news by tracey

‘A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders.’

Full Story

Nearly Legal, 24th October 2018

Source: nearlylegal.co.uk