The Blog

Unfixed fixed terms

Livewest Homes Ltd v Bamber (2018) EWHC 2454 (QB) This was Ms Bamber’s appeal of a decision on a preliminary issue in possession proceedings. The first instance court held that in the circumstances of the case, Livewest were not obliged to give 6 months notice of intention to terminate Ms B’s tenancy, under s.21(1B) Housing […]

Assorted bits

The post on Caridon Property Ltd v Monty Shooltz (gas safety cert and s.21) now has the approved transcript of judgment attached, which may be useful for anyone arguing such cases. The section 21 validity flowchart wasn’t updated to include Caridon v Shootlz, but – making a rod for my own back – it will […]

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Property guardians and ‘non-domestic rates’

This is an interesting decision of the Valuation Tribunal on the effect of the occupation by property guardians of a commercial building. Some (though not all) property guardian companies have made a sales feature of the alleged freedom from non-domestic (commercial) rates for a building occupied by guardians, on the basis that it is occupied […]

Erratum and forthcoming consultation

A couple of notes. First, an erratum. In yesterday’s post on long leases as ASTs, I originally suggested that once a leaseholder had sublet the whole, assured status was lost and could not be revived. On prompting, I concluded that this was wrong. In fact, if a long leaseholder sublets the whole, then the lease […]

When a long lease is a shorthold.

While on leasehold issues, this has been floating around for a bit, but I don’t think it has had the attention and awareness it deserves (perhaps particularly from conveyancers). With all the fuss/scandal around leasehold houses and multiplying ground rent clauses, a more general issue with long leases and ground rent has been overlooked. The […]

‘Renovations’ and Forfeiture – Don’t do this!

The Times reports on a story of forfeiture of a residential lease (paywall or limited free access). I’m noting this not because of any particular legal complications, but because it is one of the relatively rare examples where forfeiture actually happened. It is also because I got a lot of responses expressing astonishment that such […]

Mobile home security

In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home.  Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes […]

Who needs rules?

Part 2, Housing and Planning Act 2016 (banning orders, rogue landlord database etc) came into force in April 2018. In very general terms, it created various new jurisdictions for the First Tier Tribunal (Property Chamber), e.g. a local authority applied to the FTT (PC) for a banning order; challenges to fixed penalty notices go to […]

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