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 planning consent for residential use, not to use the premises or any […]

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 enforcement of covenants by leaseholders against other leaseholders, so those suffering from the activities of […]

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 unlawful fee has been taken […]

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, electricity, toilets free of back surges, ceilings… That kind of thing. But here is an interim […]

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 clauses arguably prevent it. We have seen the clause ‘use only as a private […]

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 term letting of the whole property, and are to write to their leaseholders […]

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 planning permission’ rules, which councils, understandably, have been […]

Short term lets and private residences

Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC) We’ve seen a First Tier Tribunal case on breach of lease by use of the property for short term lets through Airbnb. Here the Upper Tribunal weighs in on the significance of lease covenants for short term letting use. The question was an  ostensibly simple one: […]