Ian Quayle discusses an interesting recent case concerning an application for the landlord’s consent for alterations. Case name, reference and Bailii link - Messenex Property Investments Ltd v Lanark Square Ltd [2024] EWHC 89 (Ch) (23 January 2024)...
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:
Service Charges
Mark Loveday looks at what practitioners can expect from the service charge provisions of the Leasehold and Freehold Reform Bill and some of the headline changes. Summary of Proposals The Leasehold and Freehold Reform Bill was published on 27 November 2023[1]....
How To Do a Lease Renewal – Part 2
In the second instalment of his new series on lease renewals, Michael Lever focuses on the commercial lease renewal process, covering topics such as the expiration of contractual terms, notice periods, rent reviews, tenant's rights, landlord's considerations, and the...
Residential Long Leases
Ian Quayle provides a comprehensive analysis of a court of appeal decision on the recoverability of costs in residential long leases. 89 Holland Park (Management) Ltd v Dell & Dell [2023] EWCA Civ 1460. Judgment. Summary An interesting Court of Appeal...
The Renters Reform Bill
Isaac Craft raises a pivotal question in his debut piece for Property Law UK: Does the proposal to abolish no-fault evictions under section 21 of the Housing Act 1988 strike the right balance between landlords and tenants? Section 21 is speed: it gives landlords an...
Landlord and Tenant Act 1987, Part I
Sarah Thompson-Copsey examines the Landlord and Tenant Act 1987, Part I, and tenants' pre-emption rights in light of the recent legal matter involving S Franses Limited v Block 6 Ashley Gardens Roof Gardens Limited. The analysis includes considerations of s5 notices,...
How To Do a Lease Renewal – Part 1
In the first instalment of his new series for 2024, Michael Lever provides advice on navigating the lease renewal process. The title of this series implies that the existing lease would be renewed, but whether it has to or should be depends. It does not have to...
Landlord and Tenant Act 1987, Part I
In a case where a freeholder failed to offer qualifying tenants the right of first refusal, under the Landlord and Tenant Act 1987 prior to granting roof space leases, the High Court held that a tenants’ s19 default notice was valid. It also held that the court at first instance had not been wrong in declining to exercise its discretion not to order the transfer of the leases and that the “principal terms” of the contract may be more than simply the consideration, even if not in fact included within the original contract.
How To Do a Rent Review – Part 11
Article contributed by Michael Lever Introduction This series provides an overview of the practicalities in England and Wales. Specific problems need particular attention; every property and every lease differs, so the series is not a substitute for specific...
Landlord and Tenant Act 1987, Part I
Article contributed by Sarah Thompson-Copsey Sarah Thompson-Copsey examines a recent ruling by the Court of Appeal concerning the Landlord and Tenant Act 1987, Part I. The focus is specifically on tenants' pre-emption rights, s5 notices, principal terms, and...