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

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

Vacant possession: Capitol Park v Global Radio Services Limited – Court of Appeal – Mills & Reeve

‘The Court of Appeal has handed down an important judgment on the operation of conditional break clauses and has found in favour of the tenant.’

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Mills & Reeve, 29th July 2021

Source: www.mills-reeve.com

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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk