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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,...
[Post rewritten on 1 March 2020] 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...
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....
Marlborough Park Services Ltd v Micha Leitner (2018) UKUT 230 (LC) Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question about how...
Dr Amanda Lindsay v Berkley Homes (Capital) PLC (2018) QBD (TCC) 13/07/2018 (Extempore judgment reported on Lawtel) Dr Lindsay owned a leasehold flat. She had brought a claim (in person) arising out of works to demolish a concrete basement to the building...
Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) As many readers will of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a...
A new 'How to Rent' Booklet was released today (26 June 2018) by MHCLG. This version must be provided to the tenant by the landlord (not just a link) for all new assured shorthold tenancies and replacement ASTs (including statutory periodic tenancies) that...
There is an interesting note here on a county court case claiming discrimination under Equality Act 2010 for failure to make physical adjustments to a property. As is generally known, a 'controller of let premises' (section 36) does not have to make...
The Tenant Fees Bill is now underway. The first reading was on 2 May 2018. The Bill page is here. The Govt response to the CLG select committee report on the proposals is here. Notable in the the Bill is a proposed ban on serving a s.21 notice while an...
First Tier Tribunal LON/00AH/LSC/2017/0435 - Firstport Property Services Ltd v various leaseholders of Citiscape We previously saw the Salford decision on the costs of a 'waking watch' in a tower with 'Grenfell' style cladding, but this was the first, keenly...
The MHCLG have announced a consultation 'Strengthening consumer redress in the housing market', which primarily about reviewing and reforming Ombudsman schemes in the housing sector, with the proposal floated for a single Ombudsman/redress scheme across the...
Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for...