This page contains details of cases relating to: Appurtenant rights - garden - licence to use converted to irrevocable right Airspace and sub-soil Common parts - caretaker's flat - prohibited disposal Appurtenant rights Access to adjoining garden - licence turned into...
Long Leases
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Insurance
This page primarily highlights the tenant's statutory rights to challenge insurance. The first item however is concerned with construction of a clause requiring payment of insurance. Lessee obligation to pay premiums Conditional upon lessor insuring in joint names?...
Enfranchisement
These pages contain details of cases in relation to collective enfranchisement, new lease extensions for flats and enfranchisement in respect of houses under the 1967 Act. To go to the information that is interest to you click on the relevant link in the contents...
Right to manage
Introduction A right to manage was given to long leaseholders by ss71 to 113 of the Commonhold and Leasehold Reform Act 2002. The basic concept is that if half or more the qualifying tenants want to take over the management of the property they are able to do so...
Manager under 1987 Act
Introduction Part II of the Landlord and Tenant Act 1987 (as amended) gives the First Tier Tribunal power to appoint a manager where there has been failed management of the block. The Tribunal may appoint a manager to carry out functions in connection with the...
Variation of lease terms
Any party to a long lease may make an application to the Tribunal for a lease to be varied on grounds that the lease fails to make satisfactory provision in respect of certain matters listed in s35(2) of the Landlord and Tenant Act 1987. For the whole procedure see...
Right of first refusal
This page deals with the following points: Exempt transactions Relevant disposal? Defects in notice Rectification and the right of first refusal Service of documents Exempt transactions Grant of leases to oneself York House (Chelsea) Ltd v Edward Thompson [2019] EWHC...
Service and administration charges
Gross LJ in Daejan Investments Ltd v Benson [2011] EWCA Civ 38 at para 7). -One of the singular aspects of most long leases of flats is that the landlord covenants to repair and maintain the block but the tenants covenant to meet the cost through a service charge....
Mobile homes and caravans
The editor of this section of the site is Tim Selley, solicitor with Crosse and Crosse Solicitors LLP (www.crosse.co.uk) Mobile Homes Act 2013 Mobile Homes Act 2013 This Act changed a number of features of mobile home law. In particular it deals with pitch fees, a...