News & Publications: Landlord & Tenant

Long leases and Air BnB

November 2nd, 2016

Given the rise of short-term lets, particularly as a result of the growing popularity of platforms such as AirBnB, the judgment of HHJ Stuart Brigg in Nemcova v Fairfield Rents Limited [2016] UKUT 303 (LC) is one of some interest. The facts of this dispute were fairly straightforward. The tenant had admitted to letting her […]

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To whom does art belong?

January 13th, 2016

There is an age old question that remains unanswered: does art belong to the artist who created it; to the person who has bought it; or to everyone? In the matter of The Creative Foundation v Dreamland Leisure Limited and others [2015], the High Court had to answer a similar – although not quite as […]

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Renewal commissions in letting agreements

September 17th, 2015

A recap on the decision in OFT v Foxtons Ltd. Back in 2009, the Office of Fair Trading brought an action against Foxtons in respect of various provisions in the terms and conditions for their letting-only service relating to the payment of commissions. Specifically, the OFT sought a declaration that these terms (payment of renewal […]

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Good news for landlords

September 12th, 2015

A comment on the decision in Chaplair v Kumrai [2015] EWCA Civ 798. In the last article that was posted on the subject of collection of service charge arrears, it was suggested that it is becoming somewhat difficult to recover the costs of proceedings instigated to recover service charge arrears when a claim is allocated […]

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Collection of Service Charge arrears

September 5th, 2015

Recovery of costs in the Small Claims Court. A very popular method of collecting service charge arrears is for a landlord to issue a claim in the County Court for damages. On many occasions, the leaseholder will not respond and so a judgment in default is obtained. This can be relied on as a determination […]

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Tenancy Deposit Scheme: what are the penalties for the landlord if things go wrong?

June 8th, 2015

Okadigbo v Chan (2014) EWHC 4729 (QB) It is common for the landlord to take a dilapidations deposit at the start of a tenancy as a safeguard in case the tenant causes any damage to the property. The Housing Act 2004 introduced regulations which have, since April 2007, required deposits to be placed in approved […]

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The Right to Manage – can an RTM Company manage more than one building?

April 23rd, 2015

The right to manage was introduced by the Commonhold and leaseholder Reform Act 2002, which created the ability for a “right to manage” company (‘RTM company’) to be formed and exercise the management functions contained in the leases, such as insuring the block and collecting service charges. This right is exercisable in respect of a […]

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More good news for landlords?

February 19th, 2015

In the recent case of R (Tummond) v Reading County Court [2014] EWHC 1039, an application for judicial review was refused by the High Court. The tenant of a property initially defended possession proceedings brought under section 21 of the Housing Act 1988 and his defence had been dismissed. The tenant appealed but was not […]

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Common sense prevails – Francis v Phillips

February 12th, 2015

Francis v Phillips [2014] EWCA Civ 1395 You may recall that in December 2012, in the High Court, a judgment was handed down by the Chancellor in Phillips v Francis [2012] EWHC 3650 (Ch), determining that all of the qualifying works carried out in a given year were to be aggregated, and that the cost […]

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What is the scope of the Tribunal’s powers under s20C

August 17th, 2014

What is the scope of the Tribunal’s powers when making an order under section 20C of the Landlord and Tenant Act 1985? In SCMLLA (Freehold) Limited [2014] UKUT 0058 (LC), the Upper Tribunal was required to consider the above question, following an appeal from the then LVT. Section 20C of the Landlord and Tenant Act […]

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