A new question: When is a flat not a flat? – Tanfield Chambers
‘Having struggled with ‘what is a house?’, the Court of Appeal has turned its attention to ‘what is a flat?’’
Tanfield Chambers, 2nd December 2019
Source: www.tanfieldchambers.co.uk
Category: leases
East Tower Apartments Limited v No.1 West India Quay Residential Limited LON/00BG/LSC/2014/0329 – Tanfield Chambers
‘The long-running saga of East Tower Apartments Limited v No.1 West India Quay Residential Limited continues.
The landlord has been given permission to appeal to the Upper Tribunal on the issue of whether a demand under Section 20B(1) must be a contractually valid demand. If the landlord is successful, this will likely require the Upper Tribunal to find that Brent London Borough Council v Schulem B Association Ltd [2011] 1 WLR 3014 was wrongly decided.’
Tanfield Chambers, 29th November 2019
Source: www.tanfieldchambers.co.uk
Triplerose Ltd v Ms Bronwen Stride [2019] UKUT 99 (LC) – Tanfield Chambers
‘There was inadequate evidence to conclude that a lease was ‘unsatisfactory’ for the purposes of s.35 of the Landlord and Tenant Act 1987 (‘the 1987 Act’), and an FTT order varying the lease was overturned. The FTT decision finding no prejudice due to a lack of expert evidence was also set aside: this decision could not stand in circumstances where an application to adjourn to obtain expert evidence had been refused due to their being an expert surveyor on the panel.’
Tanfield Chambers, 29th November 2019
Source: www.tanfieldchambers.co.uk
Camden LBC v Morath [2019] UKUT 193 (LC) – Tanfield Chambers
‘The First-tier Tribunal had been correct to refuse a local authority landlord’s application under the Landlord and Tenant Act 1987 section 35 to vary 28 subleases granted to the occupiers of flats. The fact that those sublessees made a lower contribution by way of service charges to the landlord’s expenses than the sublessees of other flats in the same development did not mean that their subleases failed, for the purposes of section 35(2), to “make satisfactory provision” for the recovery of expenditure.’
Tanfield Chambers, 29th November 2019
Source: www.tanfieldchambers.co.uk
Relief from the forfeiture of a licence – Guildhall Chambers
‘Traditionally it has been supposed that only tenants of leases could obtain relief from forfeiture; Grays’
Elements of Land Law 5th Ed. §4.1.69:
Only a tenant – and not a licensee – may ask for relief against forfeiture.
This has just been reversed by the Supreme Court (23rd October 2019).’
Guildhall Chambers, 7th November 2019
Source: www.guildhallchambers.co.uk
If you go down to the woods today – Nearly Legal
‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’
Nearly Legal, 17th November 2019
Source: nearlylegal.co.uk
Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal
‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’
Nearly Legal, 5th November 2019
Source: nearlylegal.co.uk
Supreme Court backs freeholder in leasehold covenant dispute – Law Society’s Gazette
‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’
Law Society's Gazette, 30th October 2019
Source: www.lawgazette.co.uk
Negotiating Retail CVAs – where are we now? Amanda Eilledge considers the recent decision in Discovery (Northampton) Limited v Debenhams [2019] EWHC 2441 (Ch) – Hardwicke Chambers
‘2018 was seen by many as the ‘year of the CVA’ and the year of the so -called ‘Retail CVA’ in particular. Such CVAs have been used in an attempt by companies operating in the retail and casual dining sector with burdensome leases to reduce the cost of their premises whilst continuing to trade.’
Hardwicke Chambers, 14th October 2019
Source: hardwicke.co.uk
For this relief, much thanks – Nearly Legal
‘Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie a right to occupy or use the land). The whole thing is fascinating, but this is not the place to get into the details of the history of equitable relief.’
Nearly Legal, 29th October 2019
Source: nearlylegal.co.uk
Defeating tenancy renewal requests by reason of redevelopment – OUT-LAW.com
‘The county court in England recently considered the ability of a landlord to oppose its tenant’s lease renewal due to its intention to carry out substantial construction work on the premises.’
OUT-LAW.com, 18th October 2019
Source: www.pinsentmasons.com
Court finds for landlord over possession of under-occupied property – Local Government Lawyer
‘The Court Of Appeal has clarified the law over when a council should serve a notice seeking possession from a resident who has succeeded to a tenancy.’
Local Government Lawyer, 1st August 2019
Source: www.localgovernmentlawyer.co.uk
Clash of rights of operators and landowner rights to redevelop clarified by Tribunal – OUT-LAW.com
‘Land owners can prevent telecoms operators installing telecoms equipment on their property if they have a “firm, settled and unconditional intention” of redeveloping the sites the operators have earmarked, and can show that they have a reasonable prospect of being able to carry out their redevelopment plans, a tribunal has ruled.’
OUT-LAW.com, 12th July 2019
Source: www.pinsentmasons.com
High Court brings clarity over ‘contracting out’ of leases in statutory declarations – OUT-LAW.com
‘The English and Welsh High Court has clarified the wording to use in statutory declaration when “contracting out” of business lease legislation.’
OUT-LAW.com, 24th June 2019
Source: www.pinsentmasons.com
Court of Appeal judgment gives guidance on meaning of ‘practical completion’ – OUT-LAW
‘A Court of Appeal ruling clarifies the meaning of “practical completion”, a common source of dispute between construction contractors and employers.’
OUT-LAW.com, 13th May 2019
Source: www.out-law.com
Complications of practical completion – Law Society’s Gazette
‘Practical completion of works is often the trigger for other events, such as the grant of a lease. In that scenario, a landlord carries out works in accordance with a planning permission and specification pursuant to a building contract. When the works are practically complete in accordance with the building contract, the landlord will grant and the tenant will accept the lease.’
Law Society's Gazette, 8th April 2019
Source: www.lawgazette.co.uk
Landlord’s access and actually turning up – Nearly Legal
‘New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC). What counts as “refusing access”, where a landlord has a contractual right to access on notice? This rather odd Upper Tribunal case does at least provide a degree of clarification.’
Nearly Legal, 3rd April 2019
Source: nearlylegal.co.uk
“Practical completion” considered by Court Appeal for first time in 50 years – Practical Law: Construction Blog
‘It is well known that practical completion is often easier to recognise than it is to define, which is why the Court of Appeal’s judgment in Mears Ltd v Costplan Services (South East) Ltd and others is an important read for construction practitioners.’
Practical Law: Construction Blog, 29th March 2019
