When procurement law and contracts for interests in land meet – Local Government Lawyer

Posted July 15th, 2021 in contracts, leases, local government, news, public procurement by tracey

‘Colin Ricciardiello provides a case law update examining cases that have examined the overlap between a requirement to procure and a contract for the disposal of an interest in land.’

Full Story

Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal clarifies meaning of ‘vacant possession’ in break clauses – OUT-LAW.COM

Posted July 14th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by tracey

‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’

Full Story

OUT-LAW.COM, 13th July 2021

Source: www.pinsentmasons.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.’

Full Story

Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

The Building Safety Bill – Nearly Legal

‘This is, so we have been repeatedly told, the vehicle through which the government will save leaseholders from having to pay life-changing sums to remediate the fire safety defects which are so prevalent at blocks of flats across the country. The headline is that it does not do that (nor does it contain the details of the much delayed loan scheme). To the contrary, this Bill creates a bespoke process by which landlords of “higher-risk” buildings can recover their building safety costs even if their leases do not let them do so.’

Full Story

Nearly Legal, 5th July 2021

Source: nearlylegal.co.uk

Leasehold campaigners hail ‘landmark’ changes – BBC News

Posted June 23rd, 2021 in housing, leases, news, ombudsmen by sally

‘Two big players in the leasehold sector have agreed to change the way they operate, following an investigation by the competition watchdog.’

Full Story

BBC News, 23rd June 2021

Source: www.bbc.co.uk

Appeal court confirms validity of ‘contracting out’ statutory declaration – OUT-LAW.com

‘Commercial landlords and tenants are not required to specify the actual date of grant of the lease when “contracting out” of the security of tenure provisions in the 1954 Landlord and Tenant Act (1954 Act), the Court of Appeal has confirmed.’

Full Story

OUT-LAW.com, 3rd June 2021

Source: www.pinsentmasons.com

Firm avoids negligence penalty following out-of-time ruling – Law Society’s Gazette

Posted May 20th, 2021 in leases, limitations, mistake, negligence, news, solicitors by tracey

‘A professional negligence claim against solicitors was issued too late because the clock began ticking from when the mistake was initially made rather than when damage ensued, the Court of Appeal has ruled.’

Full Story

Law Society's Gazette, 19th May 2021

Source: www.lawgazette.co.uk

Councils could be owed “hundreds of millions of pounds” in business rates following Supreme Court ruling – Local Government Lawyer

Posted May 19th, 2021 in appeals, leases, local government, news, rates, statutory interpretation by sally

‘Local authorities could be in line for hundreds of millions of pounds in business rates following last week’s landmark Supreme Court ruling, the solicitor who acted for the appellant councils has claimed.’

Full Story

Local Government Lawyer, 17th May 2021

Source: www.localgovernmentlawyer.co.uk

Johnson’s planning laws an ‘utter disaster’, say countryside campaigners – The Guardian

‘A dramatic loosening of planning laws to create a housebuilding boom will damage local democracy and destroy swathes of countryside by granting property developers a freer hand to build over green fields, planning experts have warned.’

Full Story

The Guardian, 11th May 2021

Source: www.theguardian.com

Grenfell survivors condemn ‘grave injustice’ as leaseholders left facing huge bills to remove cladding – The Independent

Posted April 30th, 2021 in accidents, bills, building law, fire, government departments, housing, leases, loans, news, victims by tracey

‘Survivors and bereaved relatives from the Grenfell Tower fire disaster say they are furious after parliament voted for measures that will leave householders facing huge bills for removing dangerous cladding from homes.’

Full Story

The Independent, 29th April 2021

Source: www.independent.co.uk

Landlords challenge fairness of restructuring plan in landmark case – OUT-LAW.com

Posted April 29th, 2021 in debts, landlord & tenant, leases, news, rent by sally

‘The scope for landlords to successfully challenge restructuring plans launched by financially distressed tenants who seek to compromise lease liabilities could be severely impinged if the High Court in London approves a restructuring plan in the face of opposition from landlords.’

Full Story

OUTLAW.com, 28th April 2021

Source: www.pinsentmasons.com

Supreme Court agrees to hear battle over termination of fixed term secure flexible tenancies – Local Government Lawyer

‘The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.’

Full Story

Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Grenfell: Government defeated on fire safety costs bill – BBC News

‘The government has been defeated for a fourth time on its Fire Safety Bill as the House of Lords voted to shield residents from fire safety work costs.’

Full Story

BBC News, 27th April 2021

Source: www.bbc.co.uk

No loss, no gain, no mesne profit? – New Square Chambers

Posted April 15th, 2021 in estoppel, landlord & tenant, leases, mesne profits, news by sally

‘This decision is a real treat to read. The case, which is principally concerned with the validity of a break clause notice served by a landlord to determine a lease, is delivered in a communicative style, and enlivened by a number of sporting references.’

Full Story

New Square Chambers, 1st April 2021

Source: www.newsquarechambers.co.uk

20-6 or 4-1: Council wins High Court battle over lease of stately home – Local Government Lawyer

Posted April 8th, 2021 in leases, local government, mesne profits, news by sally

‘A High Court judge has likened the result of a trial of a lease dispute involving Wigan Borough Council to the outcome of rugby league and soccer matches.’

Full Story

Local Government Lawyer, 7th April 2021

Source: www.localgovernmentlawyer.co.uk

Between repairs and structural defects – Nearly Legal

Posted April 6th, 2021 in leases, news, repairs, service charges by sally

‘This was the Court of Appeal judgment on an appeal from the Upper Tribunal … where the issue was whether the leaseholders were liable under their service charge for the costs of works by City of London, the freeholder, to remedy structural defects.’

Full Story

Nearly Legal, 4th April 2021

Source: nearlylegal.co.uk

Leaseholders win battle with City of London over service charges – Local Government Lawyer

Posted March 31st, 2021 in leases, local government, London, news, repairs, service charges by tracey

‘Leaseholders have won a Court of Appeal case against the City of London Corporation over whether certain repairs to their homes are chargeable to them.’

Full Story

Local Government Lawyer, 31st March 2021

Source: www.localgovernmentlawyer.co.uk

Leasehold miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’

Full Story

Nearly Legal, 6th March 2021

Source: nearlylegal.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).’

Full Story

Becket Chambers, 24th February 2021

Source: becket-chambers.co.uk

Case Preview: Balhousie Holdings Ltd v Commissioners for Her Majesty’s Revenue & Customs (Scotland) – UKSC Blog

Posted February 25th, 2021 in care homes, leases, news, sale of land, Scotland, Supreme Court, VAT by sally

‘In this post, Jacob Gilkes, a member of the tax team at CMS, previews the decision awaited from the UK Supreme Court in the matter of Balhousie Holdings Limited v The Commissioners for Her Majesty’s Revenue & Customs, which concerns whether a sale and leaseback transaction should be regarded for VAT purposes as a disposal by the seller of its “entire interest” in the building.’

Full Story

UKSC Blog, 25th February 2021

Source: ukscblog.com