Recent Landlord and Tenant – Page 4
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FeaturePrivate eyes
Peter Farrington, vice president of the Association of British Investigators, explains how private investigators can be a valuable asset for a solicitor dealing with possession proceedings, and gives some tips on building an effective working relationship.
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FeatureIn good repair
Danielle Drummond-Brassington and Natalie Appleby outline some simple practice points to help you avoid the pitfalls around dilapidations, and ensure you provide the best possible advice to your landlord and tenant clients
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FeatureRun to ground
High ground rents in new leases are an increasing concern in the leasehold sector, especially when they provide for periodic increases. Rawdon Crozier and Ibraheem Dulmeer give an overview of the topic and solicitors’ duties
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NewsThe Homelessness Reduction Act 2017 - catching mammoths with straw nets?
Daniel Fitzpatrick, partner at Hodge Jones & Allen, discusses the Homelessness Reduction Act 2017.
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FeatureTo be or not to bnb
The potential legal complications of serviced apartments, Airbnb and other short-term lettings are often overlooked. Andrew Boulton and Astrid Hardy look at what clients considering short-term lettings need to consider
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FeatureGoing rate
The impact on statutory compensation of new business rates next year means that commercial landlords and tenants need to take care when making decisions on ending or renewing business tenancies. Mark Barley and Charlie Temperley explain
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FeatureCounting the cost
Clients purchasing leasehold property may not realise how expensive the process can be, with the range and proliferation of fees payable to managing agents and leaseholders. Sarah Dwight outlines the problem and the role of the conveyancer
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AnalysisA costly mistake: Artist Court Collective Ltd v Khan
Overlooking the pre-emption rights of the owners of residential flats as set out in the Landlord and Tenant Act 1987 (LTA 1987) can be a costly mistake for property owners, warns Peter Reekie.
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AnalysisSpotlight: No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd
This recent High Court decision of No 1 West India Quay [2016] EWHC 2438 (Ch) will impact on landlords and tenants in situations where tenants want to assign a lease and a landlord wishes to or has refused consent. Kate Andrews, partner at Hamlins, analyses the judgment in more detail.
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AnalysisSpotlight: Leaseholders of Foundling Court and O’Donnell Court v London Borough of Camden [2016] UKUT 0366 (LC)
The Upper Tribunal (Lands Chamber) has now clarified that superior landlords of residential premises must consult with both their tenants and subtenants prior to carrying out qualifying works or entering into long-term agreements. Kary Withers, partner in Clarke Willmott’s Property Litigation team, explains the significance of the decision for landlords ...
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FeatureCase in point
Faiza Ahmad and Lucie-Anne Rhodes provide an update on some recent cases and changes to legislation affecting the property sector
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AnalysisBreaking up is hard to do?
Peter Reekie discusses a High Court decision which delivers a stark reminder for landlords of the strict requirements for serving a valid break notice, and how it is easy to get it wrong.
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AnalysisSpotlight: Edwards v Kumarasamy [2016] UKSC 40
The Supreme Court has ruled on an intermediate landlord’s liability to repair common parts. Douglas Rhodes explains the implications of this long-awaited judgment.
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FeatureThe long and short of it
Philip Askew outlines how to advise buyers of leasehold property on potential pre-completion or future lease extensions, including the complexities where the remaining lease term is less than 80 years
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FeatureLow on energy
From 2018, new regulations will restrict the letting of commercial properties with an energy efficiency rating below E. Claire-Elaine Arthurs outlines what actions landlords and tenants should take now
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AnalysisSpotlight: Timothy Taylor Ltd v Mayfair House Corpn [2016] EWHC 1075 (Ch)
This case illustrates how a landlord’s right to redevelop a property around incumbent tenants ought to be balanced against tenants’ right to quiet enjoyment of their premises. Peter Robinson, partner at Hunters (incorporating May, May & Merrimans), explains what guidance the judgment offers to a landlord when exercising a right ...
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AnalysisTaking a break
In Levett-Dunn v NHS Property Services Ltd [2016] EWHC 943 (Ch), the High Court has considered the thorny issue of the validity of notices served by a tenant to exercise a contractual break clause
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AnalysisSpotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)
The High Court has confirmed that a tenant cannot assign to its guarantor - prohibited under the Landlord and Tenant (Covenants) Act 1995. Douglas Rhodes, senior associate at Trowers & Hamlins, explains why all property practitioners need to be aware of this important decision that rules void a common industry ...
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AnalysisIntended occupation
Our case this month saw the Court of Appeal clarifiy the test for a landlord successfully resisting an application for a new lease on the basis it intends to occupy the premises for the purpose of its own business.