How the other half live

Eclipse Film Partners v HMRC [2016] UKSC 24 has almost nothing to do with housing law. It was an appeal from the First Tier Tribunal (Tax Chamber), via the UT (TCC) and the CA. It wasn’t even about the substantive issues in the case, rather, it was about who should pay for the costs of […]

AirBnBreach

The Govt seems very keen on Airbnb-style short term letting. First, the planning change in London to permit short term letting for up to 90 days in any year, then Osborne’s £1000 tax break for Airbnb style landlords in the March 2016 budget. Of course, the up to 90 days a year (in London) rule […]

A Hawarden Kite

Forfeiture of (residential) long leases is a controversial subject: on the one hand, it’s clear that there has to be a practical and accessible route for landlords to enforce covenants, whether as to payment of monies or more general “management” covenants (e.g. stopping people just removing load bearing walls); but, on the other, the potential […]

Help the aged*

Retirement housing issues aren’t something we cover much on NL, but in late December 2015, there were two interesting** developments. By way of background, many retirement properties/retirement villages sell the flats/bungalows/dwellings on long leases. Those leases commonly provide for “event fees”, i.e. obligations to make (substantial) payments when certain events occur. By far the most […]

Just walk away (beforehand)

A very belated (and brief) note on Arnold v Britton & Ors [2015] UKSC 36, as I have just realised we didn’t cover it. A shameful omission. Our note on the Court of Appeal decision is here. Briefly, the issue was that lease clauses for some (but not all) holiday chalet leases in the Gower effectively […]

Clarity and contractual costs in leases

Geyfords Ltd v O’Sullivan & Ors [2015] UKUT 683 (LC) The issue of the recovery of lessors’ costs of county court and/or Tribunal proceedings from lessees under the service charge has been a hot topic of late. And it seems that there is something of a trend of lessors trying to recover costs under service […]

Freeholders behaving badly and FTT managers

Queensbridge Investments Limited v Lodge & Ors [2015] UKUT 635 (LC) There was quite a simple question at issue in this Upper Tribunal (Land Chamber) appeal – could the FTT appoint a manager to the whole of a building which contained a leased commercial unit as well as three leased residential units? But it is […]

Leasehold disputes and costs

Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually give the landlord/manager a right to recover legal costs, often through a variety of different forms of covenant. These clauses […]

I saw a mouse. Where?…

A semi-guest note on a pest infestation nuisance county court case involving leaseholders. Interesting on both liability and quantum. Ojo & Ojo v London Borough of Hackney. County Court at Clerkenwell & Shoreditch 4 November 2015 The Claimants were secure tenants of the Defendant from 1983 and became leaseholders in 1995. They lived in a […]

Wales – it’s just more appealing

Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales. Imagine, if […]