Universal Credit – more woes – Nearly Legal
‘The Universal Credit Regulations 2013 contain certain exclusions from the housing element of Universal Credit.’
Nearly Legal, 1st November 2018
Source: nearlylegal.co.uk
Category: leases
A way to deal with delinquent lessors? – Nearly Legal
‘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.’
Nearly Legal, 24th October 2018
Source: nearlylegal.co.uk
Property Guardians – licence not tenancy in office building – Nearly Legal
‘Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB). This is quite a significant judgment on the issue of property guardians and the licence/tenancy distinction. This was Mr Khoo’s appeal of a first instance possession judgment that found his occupation was under a licence, not a tenancy.’
Nearly Legal, 23rd October 2018
Source: nearlylegal.co.uk
Council wins Court of Appeal battle over stadium and state aid – Local Government Lawyer
‘Coventry City Council has won a Court of Appeal case in the latest round of a four-year long litigation saga over the city’s sports stadium the Ricoh Arena.’
Local Government Lawyer, 15th October 2018
Source: www.localgovernmentlawyer.co.uk
Plans to stop house buyers being ‘exploited’ by ripoff leases delayed, almost a year after government promise – The Independent
‘Flagship plans to stop house buyers being “exploited” by ripoff leases have been delayed, nearly a year after the government vowed to act.’
The Independent, 14th October 2018
Source: www.independent.co.uk
Law Commission publishes leasehold reform proposals – OUT-LAW.com
‘Detailed proposals to reform the leasehold enfranchisement process and make it easier and cheaper for leaseholders in England and Wales to purchase the freehold of their house or flat have been published by the Law Commission.’
OUT-LAW.com, 24th September 2018
Source: www.out-law.com
A fairer deal for leaseholders of houses and flats – Law Commission
‘The Law Commission has proposed a series of radical reforms designed to provide a better deal for leaseholders who want to purchase the freehold or to extend the lease of their home.’
Law commission, 20th September 2018
Source: www.lawcom.gov.uk
When a long lease is a shorthold – Nearly Legal
‘While on leasehold issues, this has been floating around for a bit, but I don’t think it has had the attention and awareness it deserves (perhaps particularly from conveyancers). With all the fuss/scandal around leasehold houses and multiplying ground rent clauses, a more general issue with long leases and ground rent has been overlooked.’
Nearly Legal, 16th September 2018
Source: nearlylegal.co.uk
Landlord granted injunction against tenant using Airbnb, upheld on appeal: Bermondsey Exchange Freeholders Limited v Ninos Koumetto (Trustee in Bankruptcy of Kevin Geoghehan Conway) [2018], County Court at Central London – Henderson Chambers
‘The rise of websites such as Airbnb has seen an increase in short term holiday style letting of traditionally long-term residential properties. In 2015 London’s housing legislation was amended specifically in response to the rise of Airbnb and other websites: a homeowner is able to let out their house, flat or spare rooms for up to three months a year. In London, unlike other cities such as Berlin or Barcelona, there are no city-wide regulations (or restrictions) regarding the use of Airbnb. This case emphasises that it falls to construction of the terms of the lease between the freeholder and leaseholder to ascertain whether a leaseholder’s use of Airbnb is permitted.’
Henderson Chambers, 27th July 2018
Radical proposal to make escaping ‘leasehold trap’ easier for homeowners raised by Law Commission – The Independent
‘A radical proposal to make it easier and cheaper for homeowners to escape the so-called “leasehold trap” and buy the freehold of their houses has been put forward by the Law Commission.’
The Independent, 19th July 2018
Source: www.independent.co.uk
Leasehold law set for radical reform – Law Commission
‘Radical new proposals to provide a fairer deal for leasehold homeowners have been announced by the Law Commission. Following hot on the heels of plans by the Government to ban the sale of houses on a leasehold basis, the independent legal body is outlining a range of measures to help existing leasehold homeowners buy the freehold of their houses.’
Law Commission, 19th July 2018
Source: www.lawcom.gov.uk/
Law reform needed to help leaseholders take control of their buildings – Law Commission
‘Housing Secretary James Brokenshire has asked the Law Commission to look at improving the laws which allow leaseholders to manage their own buildings.The legislation on Right to Manage is meant to put power in leaseholders’ hands and stop abuse, by allowing some leasehold property owners to take over the management of a building. But issues with the law have stopped its usage becoming widespread. And those who have taken up the option have found delays, costs and uncertainty.’
Law Commission, 4th July 2018
Source: www.lawcom.gov.uk
A treatise in defence of ground rents – Hardwicke Chambers
‘On 14 April, Guy Fetherstonhaugh QC’s EG column, “What on earth is ground rent for?”, set out why, in his view, there were many good reasons to abolish “pointless” ground rent on new leases, writes Simon Allison.’
Hardwicke Chambers, 12th June 2018
Source: www.hardwicke.co.uk
What is the price of safety? And who pays the price? – Hardwicke Chambers
‘On 14 June 2017, 72 people were killed when a huge fire engulfed the Grenfell Tower Block in West London. As we approach the anniversary of that appalling disaster, the inquiry into what happened has only just begun, with harrowing accounts from witnesses and survivors. One thing that does seem clear however, is that the retro-fitted cladding which was applied to the outside of the tower was entirely useless in slowing the blaze. Indeed, it seems that the cladding was itself flammable, feeding the flames, and was fitted in such a way as to aid the spread of the blaze.’
Hardwicke Chambers, 12th June 2018
Source: www.hardwicke.co.uk
Council “did not have vires to lease part of common to pre-school nursery” – Local Government Lawyer
‘The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.’
Local Government Lawyer, 23rd May 2018
Source: www.localgovernmentlawyer.co.uk
Leasehold law reform work will improve lives of millions – Hopkins – Law Commission
‘Professor Nick Hopkins has pledged that the Law Commission’s leasehold reform recommendations to government will provide a “better deal for leaseholders”. Announced as part of the 13th Programme of Law Reform, the Law Commission residential leasehold and commonhold project aims to improve consumer choice, provide greater fairness, and make the process of enfranchisement easier, quicker and more cost effective.’
Law Commission, 27th April 2018
Source: www.lawcom.gov.uk/
Law Commission seeks views on boosting take-up of commonhold – OUT-LAW.com
‘The Law Commission is seeking views on why the “little-known and little used” commonhold model of home ownership has not become a popular alternative to residential leasehold.’
OUT-LAW.com, 9th March 2018
Source: www.out-law.com
Home-ownership call for evidence – help make commonhold more common – Law Commission
‘The Law Commission is asking flat owners, housebuilders, mortgage lenders and lawyers to help shape a law which could help people own their flats outright. The independent legal body wants views on a little-known and little used home ownership status called commonhold, which provides an alternative to residential leasehold.’
Law Commission, 22nd February 2018
Source: www.lawcom.gov.uk/
Fire Safety – Who Pays? – Nearly Legal
‘Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for rectifying the problems. For leaseholders in those blocks, this was always going to be a very serious issue.’
Nearly Legal, 4th February 2018
Source: nearlylegal.co.uk
