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Landlord and Tenant (General)
This section contains material on a number of different landlord and tenant matters. The topics covered can be seen in the contents box on the left. There are also separate specialist landlord and tenant sections in the Update Library on:
Residential Leasehold
Given the recent guidance and wording for contractual provisions to deal with leasehold management issues during the registration gap provided by the City of London Law Society this case highlights the problem which the wording can alleviate.
An equitable owner cannot be classified as the “landlord” during the gap between legal completion and the registration of the equitable owner as registered proprietor for the purposes of sections 79(6)(a) and 88 of the Commonhold and Leasehold Reform Act 2002 as the legal interest in the property is still vested in seller pending completion of the registration.
Recovering Possession as a Landlord
Rent Review Dispute Resolution – Part 1
How To Do a Lease Renewal – Part 11
“It should be easy to explain what happens on a lease renewal, but it’s not.” In this final instalment, Michael Lever, The Rent Review Specialist, unpacks the complexities of lease renewals, from legal nuances and statutory terms to shifting tenant preferences and...
Security of Tenure under review by the Law Commission: The impact on Business Tenancies
Jamie Boswell discusses the Law Commission's review of the 'contracting out' model of security of tenure under the Landlord and Tenant Act 1954, exploring potential reforms to how business tenancies are renewed or terminated. The Law Commission have started a...
The Battle Over Fairness in Service Charges
In his article, Ian Quayle once again explores the thorny issue of what a landlord can recover from service charges and emphasizes the importance of the lease expressly providing for what can be recovered. Case name, reference and Bailii link Accent Housing Ltd v...
How To Do a Lease Renewal – Part 10
Six months might seem ample time to negotiate and complete a lease renewal, but, as Michael Lever, the Rent Review Specialist, explains, this is rarely the case except perhaps for low-rented or simple template leases. In this article, he highlights the key challenges...
Can Landlords Shift the Goalposts on Service Charges?
Ian Quayle examines an intriguing case on whether a landlord can alter the method of apportionment of service charge. Case Name, Reference and BAILII link Fitzroy Place Residential Ltd & Ors v Lovitt & Ors [2024] UKUT 63 (LC). BAILII link. ...
Disputed Land Ownership and the Ten-Year Rule
Ian Quayle discusses another case concerning adverse possession, specifically interpreting the requirement in the Land Registration Act 2002 about maintaining a "reasonable belief" of ownership for ten years. Case Name, Reference and BAILII link Brown v Ridley...
English 