Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) - not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd to require disclosure of whether there were booking for...
And he’s not there…
Gibbins v Gibbins (LANDLORD AND TENANT - Refusal to adjourn - AirBnB lettings) (2020) UKUT 335 (LC) A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L - the leaseholder -...
Not not Nemcova
Triplerose Ltd v Beattie & Anor (LANDLORD AND TENANT - BREACH OF COVENANT) (2020) UKUT 180 (LC) Another Upper Tribunal decision to add to the now large pile of cases on airbnb/short let use and breach of lease. In this case, the FTT had found the short...
Short lets and breach of lease
A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease. City of Westminster v Madhukar Kothari LON/00BK/LBC/2019/0087 Mr Kothari had a right to buy lease of a City of Westminster flat. The...
Residential Purposes
Snarecroft Ltd v Quantum Securities Ltd (2018) EWHC 2071 (Ch) This is a High Court decision from February, but it has just appeared on Bailii. The issue was the construction of a lease term which provided that the tenant must "Following the obtaining of...
A way to deal with delinquent lessors?
A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders. It is a very rare lease that will allow direct...
Bits – tenant fees, airbnb and more
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...
Ex parte’d, airbnb’d, departed
JKMK Consultancy Ltd v Goldie Properties Ltd, QBD, 18 December 2017 (Note on lawtel, otherwise unreported) The run up to Christmas in any housing practice is usually awash with interim injunction threats and preparation. Lack of heating, hot water,...
Subletting and defamation – a novel approach
There is a queue of significant and serious cases waiting to be written up. For time and personal reasons, this may not happen for a while. Instead, here is an insignificant case of no wider importance, but possibly some entertainment value. Howell v South...
Short term lets, long term consequences
A couple of county court cases on Airbnb/short let use by leaseholders. One was reported in the newspapers, the other has not been reported anywhere before. Both show the potentially serious consequences of leaseholders letting out on short lets, where lease...
RTB and Airbnb in Southwark
Yes, the backlog of case reports is growing, but I've only time for a quick note on an interesting development in Southwark. According to this report, Southwark council have decided that their Right To Buy leases contain covenants that would prevent short...
AirbnBreach – developments…
Things are hotting up on the Airbnb front. We've noted breach of lease issues here and here. Then there has been the big issue of massive and widespread breaches of the Greater London 'no short letting of whole for more than 90 days per calendar year without...