News & Publications: Landlord & Tenant

COVID 19: REVISTING FRUSTRATION IN THE CONTEXT OF LEASES

April 20th, 2020

Co-Authored by Ranjeet Johal of Mills Chody LLP, Jeff Hardman and James Saunders of New Square Chambers How did we get here? Sweeping and unprecedented rules, previously unimaginable, have been enacted by the Government to delay the spread of the 2020 COVID-19 pandemic. Taken together, these changes constitute the most restrictive and draconian laws imposed […]

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Redevelopment as a ground of opposing a new lease

March 31st, 2020

Comment on the decision in London Kendal Street No. 3 Ltd v Daejan Investments Ltd [2019] Introduction A landlord may oppose an application by a tenant for a new lease of business premises under the Landlord and Tenant Act 1954 (‘the Act’) on a number of different grounds. These are found in section 30 of […]

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Covid-19 Outbreak Update: Litigation – Landlord & Tenant

March 31st, 2020

On 3 March 2020 the Government set out a COVID-19 action plan, which outlined the steps that the Government has taken and future steps that it intends to take depending on how the situation develops. The plan set out the basis of emergency legislation that is being implemented in response to the outbreak. The legislation […]

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Obligation to re-tender under the Service Charges (Consultation Requirements) (England) Regulations 2003 (‘the Consultation Requirements’)

January 21st, 2019

The Consultation Requirements, which were enacted pursuant to section 20ZA(4) of the Landlord and Tenant Act 1985 (‘the Act’), require a landlord to consult with leaseholders in respect of qualifying works and qualifying long-term agreements. If a landlord fails to comply with the Consultation Requirements, he is only able to recover £250.00 from leaseholders for […]

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Wigmore Homes (UK) Limited v Sembley Works Residents Association Limited [2018] UKUT 252 (LC)

January 7th, 2019

The Appellant is the owner of multiple flats in a converted office and factory. The building, which now comprises of 33 residential flats has a history of disrepair and service charge arrears. The Respondent, which is owned and managed by some of the tenants of the block, took over the management in 2012. In 2015, […]

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Service charges – repairs v improvements

April 2nd, 2018

Where lessees are obliged to pay service charges under the terms of their lease, they are afforded protection by section 19 of the Landlord and Tenant Act 1985 (‘the Act’), which provides that costs shall only be take into account in determining the service charge payable for a period where they are “reasonably incurred” and […]

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Losing your right to a new lease

March 5th, 2018

Leaseholders who have owned residential flats for more than two years are entitled to ask the landlord to extend their existing lease by a period of 90 years in return for the payment of a premium, provided certain exclusions do not apply. A leaseholder’s entitlement comes from Chapter II of the Leaseholder Reform, Housing and […]

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No change to the status quo

January 31st, 2018

The Court of Appeal, in the case of Mundy v Trustees of the Sloane Stanley Estate [2018] EWCA Civ 35, delivered a much anticipated judgment on 24 January 2018 in respect of the method of valuing the premium payable by leaseholders for a lease extension pursuant to the Leasehold Reform, Housing and Urban Development Act […]

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Tough times for landlords

September 25th, 2017

Landlords have come under increasing pressure, and this pressure has been ramping up over the last few months with no end in sight. These truly has been a couple of years to forget for landlords and in this article, we consider some of the burdens being placed on landlords and the possible effects of these. […]

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What is unreasonableness and how can I recover costs in the Tribunal

November 4th, 2016

A commentary on Willow Court Management Company (1985) Limited v Alexander [2016] UKUT 0290 (LC) and the recovery of costs in the First-tier Tribunal (Property Chamber) The power of a Tribunal to award costs is governed by the Tribunals, Courts and Enforcement Act 2007 (‘the Act’), which provides at section 29 that the costs of […]

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