Category: Property Disputes

The emergency provisions in the Coronavirus Act 2020 came into force on 26 March 2020 and will continue until 30 September 2020, unless extended.

The new measures seek to provide support for both residential and commercial tenants during these unprecedented times. It enacted a series of provisions which restrict landlord’s regaining possession of both residential and commercial property during the Coronavirus pandemic. Residential The notice period given to a tenant before possession proceedings has been increased to 3 months, …

“62 per cent of leasehold homeowners felt that they were mis-sold a leasehold”.

A concerning statistic from NAEA Propertymark. This article on City A.M. highlights the some of the many pitfalls that can, unfortunately, be associated with leasehold properties. It is vitally important to seek expert professional advice when purchasing a leasehold property, or when extending a lease. If you already own a leasehold property you may be aware …

Basement, air space and sub soil leases can be acquired as part of a collective enfranchisement claim

Chapter I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) entitles qualifying tenants of flats, through a nominee purchaser, to collectively enfranchise their building by purchasing the freehold. This entitlement includes acquisition of the interest of a tenant under any lease of common parts of the building, where the acquisition of …

High Court rules that personal representatives can serve a tenant’s notice more than 2 years after grant of probate

Villarosa v Ryan [2018] EWHC 1914 (Ch) Law Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides tenants of residential flats with a right to claim a new lease at a peppercorn ground rent and for a term expiring 90 years after the term date of the existing lease. …

Law Commission publishes terms of reference for leasehold enfranchisement and commonhold reform

Following the Government’s response to its consultation Tackling unfair practices in the leasehold market, on 18 April 2018 The Law Commission published terms of reference for leasehold enfranchisement and commonhold reform. The general policy objectives for the reforms are: To promote transparency and fairness in the residential leasehold sector; To provide a better deal for …

Court of Appeal rejects valuation model for residential lease extensions

On 24 January 2018, the Court of Appeal delivered its decision in Mundy -v- The Trustees of the Sloane Stanley Estate [2018] EWCA Civ 35. The case concerned valuation principles for residential lease extensions under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). One of the components of a lease extension premium …

Repair –v- Replace : what is reasonable?

The recent decision of The Upper Tribunal (Lands Chamber) in De Havilland Studios Ltd. –v- Peries and another [2017] UKUT 322 (LC) is a good illustration of the principle set out by the Court of Appeal in Waaler –v- Hounslow LBC [2017] EWCA Civ 45 that if there is more than one reasonable course of …

Estoppel by convention: is service charge payable?

  In Jetha -v- Basildon Court Residents Company Limited [2017] UKUT 58 (LC), the Upper Tribunal (Land Chamber) issued guidance on the approach to be followed by the First-tier (Property Tribunal) when considering whether there is an estoppel by convention preventing a leaseholder from denying the payability of service charge which has not been demanded …

“No bright line division between what is a repair and what is an improvement”

Improvement -v- Repair In Waaler -v- Hounslow LBC [2017] EWCA Civ 45, the Court of Appeal considered the landlord’s ability to recover the costs of improvements under the Landlord and Tenant Act 1985 (the 1985 Act). It upheld the decision of the Upper Tribunal (Lands Chamber) finding that the same legal test applies to all …

Residential service charges – an overview

Most long leases of residential flats contain an obligation upon the lessor (or landlord) to insure, repair and maintain and provide other services in respect of a building, and an obligation upon the lessee (or tenant) to meet the costs incurred by the landlord by way of service charge. The lease will govern which services …

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