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).’

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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.’

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UKSC Blog, 25th February 2021

Source: ukscblog.com

Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach – Nearly Legal

Posted January 27th, 2021 in covenants, forfeiture, landlord & tenant, leases, news, rent by sally

‘On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the decision of HHJ Halliwell (2020) EWHC 407 (Ch).’

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Nearly Legal, 26th January 2021

Source: nearlylegal.co.uk

Is it a single dwelling? Determination of breach not required where shop converted to multiple flats in breach of lease – Hardwicke Chambers

‘David Peachey was recently successful in Zash Properties Limited v Landau Medical Consultancy Limited (County Court, HHJ Johns QC), which dealt with the conversion of a shop into two studio flats in breach of lease. The case raises interesting points about whether a determination of breach is required prior to the service of s.146 notices in respect of headleases of multiple dwellings, and whether it is reasonable for a landlord to refuse consent for change of use from commercial to residential use because of the statutory rights applicable to residential long leases.’

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Hardwicke Chambers, 18th January 2021

Source: hardwicke.co.uk

Ping Pong and fire safety – Nearly Legal

Posted January 11th, 2021 in accidents, bills, fire, health & safety, housing, leases, news, repairs by sally

‘Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the Grenfell Tower disaster, it has become clear that there are hundreds of thousands (if not millions) of dwellings across England and Wales which have fire safety problems, either as a result of how they were originally constructed or because of conversion/adaptation works. Those problems are not limited to ACM cladding (which was the kind of cladding on Grenfell Tower) but also includes lots of other types cladding (including something called HPL cladding, in essence, wood-effect), and the absence of fire breaks (designed to stop fire spreading from one flat to another), defective or absent fire doors.’

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Nearly Legal, 10th January 2021

Source: nearlylegal.co.uk

Government vows to end complex leasehold costs – BBC News

Posted January 7th, 2021 in fees, leases, news, rent by tracey

‘Planned reforms of the controversial leasehold system in England are set to clamp down on high costs when extending a lease.’

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BBC News, 7th January 2021

Source: www.bbc.co.uk

And he’s not there… – Nearly Legal

Posted December 16th, 2020 in appeals, drug offences, housing, landlord & tenant, leases, news, noise, nuisance, trespass, tribunals by tracey

‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’

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Nearly Legal, 13th December 2020

Source: nearlylegal.co.uk

The importance of acting with “reasonable promptitude” when applying for relief from forfeiture: Keshwala and another v Bhalsod [2020] EWHC 2372 (QB) – Hardwicke Chambers

‘The tenants (Claimants) had a twenty-year lease of 89 Narborough Road, Leicester (Property) which commenced on 12 March 2008. The Property consisted of a lock-up shop on the ground floor with residential accommodation above. The Claimants mistakenly paid only £1,500 of the £2,000 quarterly instalment of rent that fell due in June 2018, leaving arrears of £500.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

For this relief, much thanks – Nearly Legal

Posted October 5th, 2020 in appeals, debts, delay, forfeiture, landlord & tenant, leases, news, rent by tracey

‘Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB). An appeal from a Circuit Judge’s decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living accommodation above. Mr Keshwala had taken a 20 year lease of the property in 2008. In 2015, the current freeholder had bought the freehold. Also in 2015, the rent first fell into arrears. The freeholder forfeited by re-entry and Mr K obtained relief from forfeiture on payment of arrears and costs.’

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Nearly Legal, 4th October 2020

Source: nearlylegal.co.uk

Competition watchdog takes enforcement action over leaseholds – The Guardian

‘The competition watchdog has launched enforcement action against four of the UK’s leading housing developers – Barratt, Persimmon, Taylor Wimpey and Countryside Properties – after an investigation uncovered evidence that leasehold homeowners and prospective buyers were being misled and charged excessive fees.’

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The Guardian, 4th September 2020

Source: www.theguardian.com

Croydon LBC v Kalonga [2020] EWHC 1353 (QB) – Tanfield Chambers

Posted August 27th, 2020 in forfeiture, housing, landlord & tenant, leases, news, repossession by sally

‘The “flexible tenancy” was the latest, and mercifully the last, in a long line of new “tenancies” created by Parliament to address perceived deficiencies within social housing. The flexible tenancy is a fixed term secure tenancy that is capable of determination at the end of its term by not becoming a secure periodic tenancy. Its purpose was to enable a greater churn of social housing and to ensure that such housing went to those tenants in greatest housing need. The flexible tenancy did not prove popular—there are said to be only 30,000 flexible tenancies in existence—and Parliament’s proposal to make such tenancies mandatory (under the Housing and Planning Act 2016) has never been brought into force.’

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Tanfield Chambers, 11th August 2020

Source: www.tanfieldchambers.co.uk

New Judgment: Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (Northern Ireland) [2020] UKSC 36 – UKSC Blog

‘The appeal related to a restrictive covenant given by the developer of a shopping centre in a lease that it granted to a retailer over part of the centre. In giving the covenant the developer and later Peninsula each undertook not to allow any substantial shop to be built on the rest of the centre in competition with the Dunnes. Peninsula then argued that the covenant engaged the doctrine of restraint of trade; that it was unreasonable; and that it was therefore unenforceable. The appeal to the Supreme Court concerned whether the covenant engages the doctrine.’

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UKSC Blog, 19th August 2020

Source: ukscblog.com

Chambers giving notice on leases in wake of Covid – Legal Futures

Posted August 11th, 2020 in barristers, coronavirus, leases, news, working time by sally

‘Barristers may be keen to get back to work but they are not going back to chambers, and nearly a third of sets have given or are considering giving partial notice on their leases, according to new research.’

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Legal Futures, 11th August 2020

Source: www.legalfutures.co.uk

High Court rejects challenge to award by arbitrator favouring council in property lease dispute – Local Government Lawyer

Posted August 5th, 2020 in dispute resolution, landlord & tenant, leases, local government, news, rent by sally

‘A High Court judge has dismissed a bid by a landlord to have set aside an arbitrator’s award that favoured a council as tenant of a city centre property.’

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Local Government Lawyer, 4th August 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal stands firm on stay of landlord possession claims – Wilberforce Chambers

‘The Court of Appeal has given important clarity and breathing space to commercial and residential tenants in its recent judgment in TFS Stores Ltd v BMG (Ashford) Ltd & Ors [2020] EWCA Civ 833 by confirming that all parts of proceedings involving a claim for possession brought by a landlord are automatically stayed.’

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Wilberforce Chambers, 23rd July 2020

Source: www.wilberforce.co.uk

Law Commission unveils leasehold proposals – Law Society’s Gazette

Posted July 24th, 2020 in enfranchisement, housing, Law Commission, leases, news by sally

‘The Law Commission has unveiled a blueprint for the future of home ownership – including a commonhold regime described as “fit for purpose” nearly two decades after the concept was introduced.’

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Law Society's Gazette, 21st July 2020

Source: www.lawgazette.co.uk

Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers

‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Conflicting Covenants Revisiting Duval v 11-13 Randolph Crescent – St Ives Chambers

Posted July 8th, 2020 in chambers articles, covenants, housing, landlord & tenant, leases, news by sally

‘What happens when a landlord:
a. On the one hand, gives Tenant A a licence to do something which would otherwise be a breach of Tenant A’s lease, but;
b. On the other hand, is under an obligation to Tenant B to enforce the covenants in Tenant 1’s lease?’

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St Ives Chambers, 6th July 2020

Source: www.stiveschambers.co.uk

Adventures in forfeiture – brothels and specifying the breach – Nearly Legal

‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’

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Nearly Legal, 1st July 2020

Source: nearlylegal.co.uk

Use as a Private Dwelling House Does Not Include Shortterm Holiday Lets – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, holidays, leases, news, tribunals by sally

‘Many property owners are taking advantage of new technology to advertise short term stays at their properties on various platforms. Two of the most common are Airbnb and Booking.com. Changes to the tax relief available on buy to let mortgages has also caused a move towards Furnished Holiday Lettings.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk