Grenfell Tower fire: No prosecutions for subletting of flats, government promises – BBC News

Posted July 3rd, 2017 in fire, health & safety, leases, local government, news, prosecutions, rent by tracey

‘No-one will be prosecuted for illegally subletting a Grenfell Tower flat, the government says, as work continues to identify all those killed in the fire.’

Full Story

BBC News, 2nd July 2017

Source: www.bbc.co.uk

Law firms, legal executives and licensed conveyancers join forces to lobby for leasehold reform

Posted June 21st, 2017 in conveyancing, housing, law firms, Law Society, leases, legal executives, news by sally

‘A new property law alliance, the Legal Sector Group (LSG), has written to the government, with a detailed set of proposals on leasehold reform.’

Full Story

Legal Futures, 21st June 2017

Source: www.legalfutures.co.uk

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

Full Story

Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

All or nothing? – Tanfield Chambers

Posted June 12th, 2017 in housing, leases, news by sally

‘A “share of the freehold” is a phrase that appears countless times in
sales particulars up and down the country. But in the words Frank Sinatra used in his first commercial recording back in 1932, these words may mean “all or nothing at all.”’

Full Story

Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

Oliver v Sheffield City Council [2017] EWCA Civ. 225 – Tanfield Chambers

‘A local authority was required to give credit to leaseholders for funds received from third-parties when recovering a contribution to the cost of major works.’

Full Story

Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

An unsatisfactory situation – Tanfield Chambers

‘Since the Supreme Court turned the law of dispensation from the consultation requirements upside down in Daejan Investments Ltd v Benson [2013] UKSC 14; [2013] 2 EGLR 45, the Upper Tribunal has been troubled with very few cases involving the requirements to consult leaseholders on major works. However, the decision in Lessees of Foundling Court and O’Donnell Court v Camden London Borough Council and others [2016] UKUT 366 (LC); [2016] EGLR 59 has rewritten preconceptions as to who needs to be consulted and caused landlords some new headaches.’

Full Story

Tanfield Chambers, 12th June 2017

Source: www.tanfieldchambers.co.uk

Southwark LBC v Akhtar and Stel LLC – Arden Chambers

‘The Upper Tribunal has held that an estimated service charge that had not been demanded in accordance with a lease would not have been payable but for the lessee taking out a loan from the lessor to pay it and thereby waiving strict compliance with the terms of the lease; s.7, Interpretation Act 1978 does not apply to notices served under the Landlord and Tenant Act 1985 unless a lease provides that s.196 Law of Property Act 1925 is to apply to the service of notices’

Full story

Arden Chambers, 20th April 2017

Source: www.ardenchambers.com

In re Amin Abdulla v Whelan and others – WLR Daily

Posted April 27th, 2017 in bankruptcy, landlord & tenant, law reports, leases, rent by sally

In re Amin; Abdulla v Whelan and others [2017] EWHC 605 (Ch)

‘At the time of a bankruptcy order made against him, the bankrupt held a property with another person under the terms of an underlease for a term expiring on 31 July 2018. The trustee in bankruptcy served a notice of disclaimer under section 315 of the Insolvency Act 1986 disclaiming all of its and the bankrupt’s interest in the leasehold property under the terms of the underlease. The trustee, supported by the landlords, contended that the notice of disclaimer did not end the legal estate in the underlease and that the bankrupt’s estate remained liable for the payment of the rent until the expiry of its term. A person claiming to be one of the bankrupt’s creditors contended that the notice of disclaimer disclaimed all of the bankrupt’s interest in the underlease and that the bankrupt’s estate was liable for no further rent after the disclaimer. Judgment was given in favour of the trustee and landlords.’

WLR Daily, 20th April 2017

Source: www.iclr.co.uk

Somebody else’s money – Nearly Legal

‘Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council carried out city wide major works, which included works on the Lansdown Estate. Some of the works were eligible for a contribution from a commercial energy company as part of the Community Energy Savings Programme (“CESP”). In total 15 of the 25 blocks on the Lansdowne Estate were eligible to receive CESP funding. The contribution to Ms Oliver’s block was £43,570.44. The Council decided not to pass the CESP directly to the leaseholders as a set off against their service charge contributions. Rather, the Council decided to attribute the money to the funding of works to its city-wide housing stock. The effect of this was that every leaseholder’s service charge was reduced irrespective of whether their block had been entitled to CESP funding.’

Full story

Nearly Legal, 10th April 2017

Source: www.nearlylegal.co.uk

Short term lets, long term consequences – Nearly Legal

Posted April 10th, 2017 in forfeiture, housing, injunctions, leases, news by sally

‘A couple of county court cases on Airbnb/short let use by leaseholders. One was reported in the newspapers, the other has not been reported anywhere before. Both show the potentially serious consequences of leaseholders letting out on short lets, where lease clauses arguably prevent it. We have seen the clause ‘use only as a private residence’ in the Upper Tribunal Nemcova, and subletting without consent, “otherwise than as a private residence for occupation by a single household” and carrying out a trade, business or profession from the Property in the FTT in LON/00AY/LBC/2015/0021. In both these cases, other lease clauses were involved, so there is an extension of the kind of clause catching Airbnb/short let use.’

Full story

Nearly Legal, 7th April 2017

Source: www.nearlylegal.co.uk

Elim Court RTM v Avon Freeholds Ltd [2014] UKUT 0397 – Tanfield Chambers

Posted April 7th, 2017 in company law, landlord & tenant, leases, news, service by sally

‘In 5 conjoined appeals the Court of Appeal considered whether there had been a failure to comply with the statutory procedural provisions and the consequences thereof.’

Full story

Tanfield Chambers, 27th March 2017

Source: www.tanfieldchambers.co.uk

Service Charges: No Double Recovery – Local Government Law

Posted April 6th, 2017 in appeals, costs, housing, leases, local government, news, service charges by tracey

‘In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.’

Full story

Local Government Law, 5th April 2017

Source: www.11kbw.com/blogs/local-government-law

Some landlords getting away with “very high” hidden fees in retirement properties – Law Commission

Posted March 31st, 2017 in elderly, fees, landlord & tenant, leases, press releases by tracey

‘Older people who have moved into retirement leasehold properties could be being hit with unfair fees worth thousands of pounds, according to the Law Commission.’

Full press release

Law Commission, 31st March 2017

Source: www.justice.gov.uk/lawcommission

Lessons in understanding: Unfairness and Estoppel by Convention in the Upper Tribunal – Hardwicke Chambers

Posted February 22nd, 2017 in estoppel, leases, news, service charges, tribunals by sally

‘Towards the end of last year, the Upper Tribunal (“UT”) handed down decisions in two cases involving estoppel by convention:

Admiralty Park Management Ltd v Ojo [2016] UKUT 0421 (LC) 8 September 2016 (“Ojo”); and

Bucklitsch and anor v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC) 13 December 2016 (“Bucklitsch”).’

Full story

Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

Commercial landlords may have to police illicit tobacco sales under HMRC proposals – OUT-LAW.com

‘Commercial property landlords could be forced to actively inspect their properties and police tenants suspected of tobacco and other excise duty evasion under plans proposed by HM Revenue and Customs (HMRC), an expert has warned.’

Full story

OUT-LAW.com, 22nd February 2017

Source: www.out-law.com

Jetha v Basildon Court Residents Company Ltd – Arden Chambers

Posted February 22nd, 2017 in appeals, covenants, estoppel, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’

Full story

Arden Chambers, 16th February 2017

Source: www.ardenchambers.com

Waiving goodbye to the breach: repairing obligations and waiver of breach – The 36 Group

Posted February 21st, 2017 in appeals, landlord & tenant, leases, news, repairs by sally

‘Repairing obligations are almost universally incorporated in commercial and residential leases and licences. In the general sense an obligation to repair is to carry out such repairs and maintenance as might be required from time to time (although much can depend upon the precise wording of the covenant/obligation). Where there is a breach by a tenant or licensee, the covenant is broken everyday the property is out of repair: the breach, therefore, is of a continuing nature. ‘

Full story (PDF)

The 36 Group, 6th February 2017

Source: www.36group.co.uk

Waaler v Hounslow LBC – Arden Chambers

Posted February 21st, 2017 in appeals, leases, local government, news, service charges, tribunals by sally

‘The Court of Appeal has held that whether service charge costs are reasonably incurred, for the purposes of Landlord and Tenant Act 1985, s.19, is to be determined by reference to an objective standard of reasonableness rather than applying public law principles of rationality. A tribunal should not, however, impose its own decision where a landlord has adopted a course of action which led to a reasonable outcome, even if there was a cheaper outcome which was also reasonable.’

Full story

Arden Chambers, 2nd February 2017

Source: www.ardenchambers.com

Watts v Stewart – leases and licences revisited – Hardwicke Chambers

Posted February 21st, 2017 in charities, housing, landlord & tenant, leases, licensing, news, repossession by sally

‘On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property. At the first directions hearing the District Judge ordered a trial of the issue of whether Mrs Watts occupied as a licensee of the Charity or a tenant. If the former of course it would be relatively easy for the Charity to evict her; if the latter, much less so.’

Full story

Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

Newsletter, Winter 2017 – Falcon Chambers

Posted February 17th, 2017 in costs, land registration, leases, mortgages, news, restrictive covenants by sally

Articles include:
Restrictive Covenants and Building Schemes Just Like Buses p.7
Land Registration and the Service of Notices: mind the gap p.10
Forks & Spades; Leases & Licences; Possession & Occupation p.14
Recovering Costs in the First-tier Tribunal (Property Chamber) p. 16

Newsletter (PDF)

Falcon Chambers, Winter 2017

Source: www.falcon-chambers.com