Morgan and another v Fletcher and others LRX/81/2008 is an important decision of the Upper Tribunal (Lands Chamber) (aka the Lands Tribunal) on the scope of s.35, Landlord and Tenant Act 1987. As you'll remember, Part 4, Landlord and Tenant Act 1987 confers...
For those advising on commonhold
On 1st October the Commonhold (Amendment) Regulations 2009 will come into force. The amendments tidy up the law of commonhold associations so that they are compatible with the new law on company constitutions introduced by the Companies Act 2006 which comes...
Statutory Instruments to read by the pool
Apparently Dan Brown (he of "The Da Vinci Code" nonsense) is bringing out a new book shortly. I can't imagine why anyone would want to read it. Especially given that there are (just this week!) three relevant statutory instruments to consider. Ideal poolside...
Forfeiture and the LVT
By virtue of s.81 Housing Act 1996 and s.168 Commonhold and Leasehold Reform Act 2002 a landlord may not seek to forfeit a residential long lease unless the breach (whether to pay rent, service charges, administration charges or other breach of covenant) has...
Martin Creed is not kosher
The lights go on, the lights go off, the lights go on, the lights go off. Such was Martin Creed's Turner Prize winning installation (and I will not hear a word against Creed - I warn you now, any objection will be met with a lengthy analysis of late...
Intermittently exposed
Now, this is a bit of an oddity. Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch) was an appeal from the Supreme Court Costs Office. It concerned when a person should have the protection from liability for costs under s.17 Legal Aid Act 1988....
The times, they are a'changin
Yesterday, the Lands Tribunal - so beloved of those of us who practice in the field of leasehold property law - ceased to be. It has been replaced by the Upper Tribunal (Lands Chamber) which, confusingly, is known as... the Lands Tribunal. There is currently...
Why bother in the first place?
Since the Leasehold Reform, Housing and Urban Development Act 1993, leaseholder owners of flats in certain categories of building have been able to "collectively enfranchise" and force the freeholder to convey the freehold of the building to a nominee...
Disclaimer, assignment and guarantee
In Shaw v Doleman[2009] EWCA Civ 279 the Court of Appeal confirmed the view taken by some writers as to the effect of the disclaimer of an assigned lease on the obligations of a guarantor. At the same time it highlights that wording common in Authorised...
Improvements, rent and former long leaseholders – a nasty loophole
The recent case of Hughes v Borodex Ltd [2009] EWHC 565 (Admin) illustrates a pitfall that may face the very small number of former long leaseholders who have become assured tenancies as a result of the Local Government and Housing Act 1989 ("the 1989 Act")....
Help with service charges
Leaseholders who purchased their properties from local housing authorities under the Right to Buy (and those persons who subsequently bought on from those original purchasers) are currently facing huge service charge bills (up to £40,000 in some London...
Leasehold update
A couple of things to leave you with on a Friday afternoon. Leaseholders who are dissatisfied with the management of their properties are entitled to apply to a Leasehold Valuation Tribunal (LVT) for the appointment of a manager - Part 3, Landlord and Tenant...