The meaning of maintenance – Nearly Legal

Posted July 16th, 2024 in appeals, housing, leases, local government, news, repairs, service charges by tracey

‘London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024). This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was payable. It may well have broader significance for charges for building safety works, depending on lease terms.’

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Nearly Legal, 15th July 2024

Source: nearlylegal.co.uk

EPC regulation – reform affecting commercial premises – Local Government Lawyer

Posted July 10th, 2024 in energy, landlord & tenant, leases, news by tracey

‘Sarah Wertheim and Francesca Gallagher examine the impact of recent and upcoming changes in EPC legislation on commercial landlords.’

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Local Government Lawyer, 8th July 2024

Source: www.localgovernmentlawyer.co.uk

Shared ownership, long leases and setting aside an order for possession – Local Government Lawyer

Posted July 10th, 2024 in leases, news, rent, repossession, setting aside by tracey

‘Katherine Traynor analyses a recent ruling that considere important questions of wider implication for possession proceedings concerning shared ownership leases.’

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Local Government Lawyer, 9th July 2024

Source: www.localgovernmentlawyer.co.uk

Triplark Limited v Whale and others [2024] EWHC 1440 (Ch) – Tanfield Chambers

Posted July 4th, 2024 in covenants, leases, news, repairs, service charges by sally

‘Triplark Limited v Whale and others [2024] EWHC 1440 (Ch): a landlord’s works are not within the terms of its repairing covenant where they increase the maintenance burden on the tenant.’

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Tanfield Chambers, 25th June 2024

Source: www.tanfieldchambers.co.uk

Council refunded £1.5m to ‘gagged’ leaseholders – BBC News

‘A London council has been forcing residents into silence as a condition of them receiving money owed to them for building work and services they had been overcharged for – in some cases by tens of thousands of pounds.’

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BBC News, 30th June 2024

Source: www.bbc.co.uk

Leasehold miscellaneous – Nearly Legal

Posted July 1st, 2024 in fees, forfeiture, landlord & tenant, leases, news, service charges by tracey

‘A few quick notes on various leasehold related cases. Howe Properties (NE) Ltd v Accent Housing Ltd (2024) EWCA Civ 297. Accent Housing levied a management fee on leaseholders which was at flat rate and a) differed by tenure (freehold and assured tenancies were at different rates) and b) was charged as against Accent’s management costs across its whole estate, some 3058 leasehold properties, not just this specific development.’

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Nearly Legal, 30th June 2024

Source: nearlylegal.co.uk

High Court hands down important judgment on section 37A of the Landlord and Tenant Act 1954 – Landmark Chambers

Posted June 14th, 2024 in chambers articles, landlord & tenant, leases, news by sally

‘The Defendant owns the former County Hall opposite the Houses of Parliament on the South Bank. Until March 2019, the Claimant, the well-known “quick service” restaurant chain, ran a restaurant from part of the ground floor and basement of the building pursuant to a lease which had the protection of the 1954 Act. The restaurant was one of the Claimants highest profile sites. At the end of the contractual term, the Defendant landlord served a notice pursuit to section 25 indicating that it would oppose the grant of any new tenancy on the “own occupation” ground in section 30(1)(g). That lead to proceedings in the County Court at Central London in late 2018. The Defendant called two witnesses who attested that the landlord intended to run its own restaurant from the premises serving Japanese food under the trading name “Zen Bento”. It produced a business plan to that effect. The landlord’s principal offered an undertaking to that effect. Despite extensive cross-examination of the landlord’s witnesses, the County Court Judge accepted the landlord’s case, and indeed its undertaking, that it had a firm and settled intention to open a “Zen Bento” restaurant and made an order terminating the tenancy in March 2019. However, the landlord failed to open a restaurant at the site when it said it was going to (by November 2019). It opened a restaurant on the ground floor in March 2020 and, having opened the same restaurant briefly in September 2020 and closed it due to COVID restrictions, it opened a different restaurant, a coffee shop and bakery, in the basement in early 2021. The former tenants sued the Defendant in deceit and for damages under section 37A of the 1954 Act. The landlord accepted that the restaurants which it had in fact opened (and which were still trading) were different from the one it had told the County Court it intended to open and that there had been a delay in opening them but said it had genuinely changed its mind as to what it wanted to do and that the delay was largely down to COVID restrictions.’

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Landmark Chambers, 13th May 2024

Source: www.landmarkchambers.co.uk

The Leasehold and Freehold Reform Act 2024 – Kingsley Napley Real Estate Law Blog

Posted June 6th, 2024 in bills, enfranchisement, leases, news, rent, service charges by sally

‘The Leasehold and Freehold Reform Act (“the Act”) became law on 24 May 2024. The Act aims to enhance the rights and benefits for homeowners in England. There is, however, debate as to potency of the Act given the absence of the proposed ground rent cap (which had been discussed for some time) and the failure to ban forfeiture of long residential leases.’

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Kingsley Napley Real Estate Law Blog, 5th June 2024

Source: www.kingsleynapley.co.uk

Leasehold and Freehold Reform Act becomes UK law but ‘further detail required’ – OUT-LAW.com

Posted June 6th, 2024 in bills, enfranchisement, leases, news, rent, service charges by sally

‘Leasehold and Freehold Reform Act receives Royal Assent but most of the provisions will not come into force without secondary legislation, which will now be the task of a new government.’

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OUT-LAW.com, 5th June 2024

Source: www.pinsentmasons.com

New Acts – legislation.gov.uk

2024 c. 22 – Leasehold and Freehold Reform Act 2024

2024 c. 21 – Victims and Prisoners Act 2024

2024 c. 19 – British Nationality (Irish Citizens) Act 2024

2024 c. 18 – Building Societies Act 1986 (Amendment) Act 2024

2024 c. 13 – Digital Markets, Competition and Consumers Act 2024

Source: www.legislation.gov.uk

Shared Ownership, assured shorthold and long leases. The mess continues. – Nearly Legal

Posted June 4th, 2024 in landlord & tenant, leases, news, repossession by tracey

‘Sovereign Network Homes v Ms Vanessa East, Claim Number H01W1247 (13 May 2024, Central London County Court). This was a county court appeal of a first instance decision to allow an application to suspend a warrant, and vary a possession order, (Ms East had applied to set aside the possession order), obtained by Sovereign Network against its shared ownership lessee, Ms East.’

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Nearly Legal, 3rd June 2024

Source: nearlylegal.co.uk

Disposal of open space – Local Government Lawyer

Posted May 28th, 2024 in judicial review, leases, local government, London, news, parks, sport, trusts by tracey

‘The High Court has rejected a challenge to the lease by a London borough of part of a park to Tottenham Hotspur FC for a women’s and girls’ football academy. Matt Hutchings KC explains why.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

Di Bari v Avon Ground Rents – Space Apartments, London N22 – a new case on remediation orders – Tanfield Chambers

Posted May 2nd, 2024 in building law, chambers articles, leases, news, repairs by sally

‘This decision follows on from the Tribunal’s decisions in Waite v Kedai (Leigham Court Road), Culpin v Stockwood(Orchard House) and Mistry v Wallace (Centrillion Point). The decision is an important addition to the growing case law.’

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Tanfield Chambers, 5th April 2024

Source: www.tanfieldchambers.co.uk

Two for one: one case but two decisions on occupation under the Landlord and Tenant Act 1954 (Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch); [2024] PLSCS 49) – Gatehouse Chambers

Posted April 26th, 2024 in appeals, chambers articles, landlord & tenant, leases, local government, news by sally

‘Royal Borough of Kensington & Chelsea (“the Council”) is the freeholder of a building on the Portobello Road, London W11. In 2012, Mellcraft Ltd (“Mellcraft”) took a five year lease of the first and second floors of the property (“the flat”). Shortly afterwards, a lease of the ground floor shop was granted to another company controlled by the same director. The director (“M”) lived in the flat and conducted Mellcraft’s business from it. Mellcraft had no other business premises.’

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Gatehouse Chambers, 16th April 2024

Source: gatehouselaw.co.uk

Court considers redevelopment ground for opposing business lease renewals – OUT-LAW.com

Posted April 15th, 2024 in landlord & tenant, leases, news by tracey

‘A recent court decision in England provides valuable lessons to landlords seeking to oppose the grant of a new lease highlighting the importance of proper preparation and planning in terms of lease renewal and property works, experts have said.’

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OUT-LAW.com, 12th April 2024

Source: www.pinsentmasons.com

Jacobs -v- Chalcot Crescent (Management) Company Limited [2024] EWHC 259 (Ch) – Gatehouse Chambers

Posted March 14th, 2024 in amendments, consent, covenants, delay, landlord & tenant, leases, news by sally

‘At a hearing in January 2024, Mr Justice Fancourt allowed an appeal from the decision of HHJ Hellman in which the Judge had determined that the Defendant landlord had reasonably withheld its consent to alterations.’

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Gatehouse Chambers, 27th February 2024

Source: gatehouselaw.co.uk

Ground rent not legally or commercially necessary, says UK watchdog – The Guardian

Posted March 14th, 2024 in competition, consumer protection, leases, news, rent by sally

‘Britain’s competition watchdog has said ground rent is “neither legally nor commercially necessary” and that government may need to step in to protect consumers from soaring costs.’

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The Guardian, 13th March 2024

Source: www.theguardian.com

Leasehold Upper Tribunal roundup By Giles Peaker – Nearly Legal

Posted March 11th, 2024 in consultations, housing, landlord & tenant, leases, news, repairs, service charges by tracey

‘Some quick notes on various recent (ish) Upper Tribunal decisions.’

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Nearly Legal, 10th March 2024

Source: nearlylegal.co.uk

Anti-leasehold bill contains loopholes for developers, say campaigners – The Guardian

Posted February 27th, 2024 in bills, leases, news, sale of land by tracey

‘Michael Gove’s signature bill to stop developers selling new houses as leasehold properties contains loopholes that will allow them to continue doing so in certain circumstances, a revelation that has triggered anger among housing campaigners.’

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The Guardian, 27th February 2024

Source: www.theguardian.com

Leasehold ban not included in housing reform law – BBC News

Posted December 1st, 2023 in bills, housing, landlord & tenant, leases, news by tracey

‘The UK government’s proposed ban on the sale of new leasehold houses has not been included in its bill to reform housing rights.’

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BBC News, 30th November 2023

Source: www.bbc.co.uk