Yet another one…NearlyLegal

Posted May 13th, 2013 in appeals, enfranchisement, housing, leases, news by tracey

“The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of ‘house’ is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it could reasonably be called something else). There is a quite eye-watering amount of law on this issue, most recently Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41.”

Full story

NearlyLegal, 12th May 2013

Source: www.nearlylegal.co.uk

Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Posted February 27th, 2013 in landlord & tenant, law reports, leases, news, tribunals, valuation by sally

Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon [2013] EWCA Civ 90; [2013] WLR (D) 81

“When carrying out the hypothetical valuation of a property with development potential, pursuant to paragraph 3 of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993, the Upper Tribunal ought to have decided the legal position in respect of the legal rights and liabilities arising under various leases, rather than allow for uncertainty on those legal points, insofar as leaving them undetermined, by a discount for the risk.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Un-savvy leaseholders are paying the cost for hidden or unexplained terms – The Guardian

Posted February 13th, 2013 in housing, landlord & tenant, leases, news, unfair contract terms by sally

“Hidden clauses in leasehold agreements cost unlucky leaseholders thousands, warns property lawyer Stephen Hill.”

Full story

The Guardian, 12th February 2013

Source: www.guardian.co.uk

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) – WLR Daily

Posted February 7th, 2013 in contracts, enforcement, landlord & tenant, law reports, leases, third parties by sally

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) [2013] EWHC 98 (Ch); [2013] WLR (D) 40

“An option in an agreement which, if taken up, would lead to a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1) of the Landlord and Tenant (Covenants) Act 1995. Also, conditions precedent to the grant of lease were not covenants that were part of the agreement for a tenancy nor were they comprised within landlord and tenant covenants for the purposes of section 28. Therefore, in neither case did the burden of the obligation undertaken by the vendor transfer to the purchaser by virtue of the 1995 Act.”

WLR Daily, February 2013

Source: www.iclr.co.uk

Recovery of costs in service charge disputes in the LVT – Tanfield Chambers

Posted January 17th, 2013 in costs, leases, news, tribunals, valuation by sally

“The LVT has no general power to award costs other than when an application is dismissed as frivolous or vexatious, or otherwise an abuse of process or a party has acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings. In such circumstances the costs are capped at £500: para 10 of Sch 12 to the Commonhold and Leasehold Reform Act (‘CLRA’) 2002.”

Full story (PDF)

Tanfield Chambers, 8th January 2013

Source: www.tanfieldchambers.co.uk

Leases, repairs and ‘errors’ – NearlyLegal

Posted December 10th, 2012 in landlord & tenant, leases, news, repairs by sally

“For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the landlord can recover the costs of repairs from the leaseholder. As anyone who has dealt with repairs on housing association shared ownership schemes where the housing association is itself a lessee of part of the building will know, this can be an utter nightmare, where the immediate landlord can seem to escape any repairing obligations whatsoever. But what if the lease terms themselves contain an apparent error?”

Full story

NearlyLegal, 9th December 2012

Source: www.nearlylegal.co.uk

Souglides v Tweedie and another – WLR Daily

Posted December 7th, 2012 in landlord & tenant, law reports, leases, mortgages, perpetuities, repossession by sally

Souglides v Tweedie and another [2012] EWCA Civ 1546; [2012] WLR (D) 367

“The reference in section 9(1)(a) of the Perpetuities and Accumulations Act 1964 to ‘successors in title’ referred to successors in title to the lease to which the interest being conferred by the option was reversionary. Accordingly, the successor had to be a successor to the original lessee in respect of the same title, namely that lease.”

WLR Daily, 4th December 2012

Source: www.iclr.co.uk

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) – WLR Daily

Posted December 3rd, 2012 in appeals, landlord & tenant, law reports, leases, notification by sally

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2012] WLR (D) 358

“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Just because it looks like a Duck, walks like a Duck and sounds like a Duck, does not mean it is Duck –or a house? – Hardwicke Chambers

Posted November 20th, 2012 in appeals, housing, leases, news by sally

“Part I of the Leasehold Reform Act 1967 was designed to alter the balance between freeholders and their residential tenants, by giving the leaseholders the right to an extended lease or to compulsory acquisition of the freehold.”

Full story

Hardwicke Chambers, 16th November 2012

Source: www.hardwicke.co.uk

Stamp duty land tax avoidance scheme was effective says the Upper Tribunal – OUT-LAW.com

Posted November 9th, 2012 in leases, news, partnerships, stamp duty, tax avoidance by tracey

“A stamp duty land tax (SDLT) avoidance scheme which involved the interaction of the sub-sale and the partnership rules was effective, according to the Upper Tribunal.”

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OUT-LAW.com, 8th November 2012

Source: www.out-law.com

Right to Manage – the Court of Appeal speaks – NearlyLegal

Posted October 29th, 2012 in appeals, housing, landlord & tenant, leases, news, service charges by sally

“Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I’m not entirely sure it’s right (or, perhaps a better way of putting it, I’m not sure it’s a good decision, it may be right within the statutory framework), but I’ll save that for the end. Since this is the first Right to Manage case to reach the Court of Appeal, I’ll set out some of the relevant background.”

Full story

NearlyLegal, 27th October 2012

Source: www.nearlylegal.co.uk

Addressing the issue – Hardwicke Chambers

Posted October 18th, 2012 in landlord & tenant, leases, news, rent, tribunals by sally

“The appeal in Beitov Properties Ltd v Elliston Bentley Martin [2012] UKUT 133 (LC) highlights three issues for landlords: compliance with s47 of the Landlord & Tenant Act 1987, remedying non-compliance, and the Leasehold Valuation Tribunal’s procedure and jurisdiction.”

Full story

Hardwicke Chambers, 12th October 2012

Source: www.hardwicke.co.uk

Day v Hosebay Ltd and another Lexgorge Ltd v Howard de Walden Estates Ltd – WLR Daily

Posted October 12th, 2012 in enfranchisement, housing, landlord & tenant, law reports, leases by sally

Day v Hosebay Ltd and another; Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41; [2012] WLR (D) 271

“A property built as, and which retained the appearance of, a house but which was being used solely for commercial purposes was not a ‘house … reasonably so called’ for the purposes of section 2(1) of the Leasehold Reform Act 1967 so as to give the lessees the right to acquire the freehold compulsorily.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

Supreme Court reverses CoA ruling on the legal definition of a house – The Lawyer

Posted October 11th, 2012 in appeals, housing, leases, news, precedent, Supreme Court by sally

“The Supreme Court has ended years of legal uncertainty by ruling on what constitutes a house in the contest of leasehold enfranchisement.”

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The Lawyer, 11th October 2012

Source: www.thelawyer.com

Get back in your box – NearlyLegal

Posted October 8th, 2012 in landlord & tenant, leases, news, tribunals by sally

“There is, it is fair to say, a degree of inconsistency in the approach and practice of LVTs up and down the country. In particular, some LVT members seem to see it as part of their role to act as quasi-audit bodies, looking into all aspects of the landlord’s practice and procedure to see if they can uncover any wrongdoing. It’s very frustrating, both for landlords and tenants and is one of the reasons for the increasingly ‘lawyerly’ approach of landlords (e.g. instructing solicitors and counsel).”

Full story

NearlyLegal, 6th October 2012

Source: www.nearlylegal.co.uk

Discharging leasehold covenants – NearlyLegal

Posted July 17th, 2012 in covenants, leases, news by sally

“Restrictive covenants are, in broad terms, contractual restrictions imposed on the current user/owner of land, often imposed by a former owner of the same land (e.g. Mr A sells a field to Mr B, but includes a covenant preventing Mr B from building flats on it). These covenants can, clearly, become onerous or otherwise unnecessary with the passage of time. The Upper Tribunal (Lands Chamber) has a discretionary power (s.84, Law of Property Act 1925) to modify or discharge these covenants in certain circumstances. The most common ground is s.84(1)(aa), which applies if the removal of the covenant would support a reasonable use of the land and any inconvenience can be met by a payment of money.”

Full story

NearlyLegal, 17th July 2012

Source: www.nearlylegal.co.uk

Broken promises? Sale and rent back is no answer to a mortgage – Hardwicke Chambers

“Owner occupiers unable to afford their mortgages have sometimes entered into sale and rent back arrangements (‘SRBs’). Under a SRB, the house is sold, often at a discount, but the vendor remains in occupation under a lease granted by the purchaser. According to a 2008 OFT study, even though SRBs were a relatively new phenomenon there had been about 50,000 of them. At that time the SRB market was unregulated. The FSA began to regulate it in 2009. According to a recent FSA press release, ‘the entire SRB market is temporarily shut’. Nevertheless, it is apparent that many tens of thousands of SRBs must have taken place by now.”

Full story

Hardwicke Chambers, 24th May 2012

Source: www.hardwicke.co.uk

Westbrook Dolphin Square Ltd v Friends Life Ltd – WLR Daily

Posted May 22nd, 2012 in abuse of process, appeals, landlord & tenant, law reports, leases by sally

Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666; [2012] WLR (D) 151

“Since the Leasehold Reform, Housing and Urban Development Act 1993 gave a tenant of a flat the right to acquire the freehold of his premises following service on the landlord of a notice of claim under section 13, and the tenant also had the statutory right to serve a second notice of claim at any time after a year had expired following the withdrawal of the first notice of claim, the general provision in CPR r 38.7, requiring the permission of the court to bring a second claim, did not apply to a second claim based on such a second notice.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

In re MK Airlines Ltd (in liquidation); MK Airlines Property Ltd (in administration) v Katz and another – WLR Daily

Posted May 18th, 2012 in administrators, insolvency, law reports, leases, rent by sally

In re MK Airlines Ltd (in liquidation); MK Airlines Property Ltd (in administration) v Katz and another [2012] WLR (D) 147

“Arrears of rent due during the provisional liquidation period were to be treated as an expense of the liquidation and payable in priority to most other liquidation expenses.”

WLR Daily, 16th May 2012

Source: www.iclr.co.uk

Earl of Cardigan loses paintings court battle – The Independent

Posted April 20th, 2012 in artistic works, leases, news, trusts by sally

“An aristocrat whose family name is famed for its link to the Charge of the Light Brigade today failed in a bid to prevent dozens of portraits of his ancestors being sold.”

Full story

The Independent, 20th April 2012

Source: www.independent.co.uk