Ian Quayle discusses Clemente v Mindmere Ltd (Rev1) [2024] which concerned an appeal on a determination of reasonableness of an administration charge. The landlord had brought a money claim for unpaid service charges and ground rent (the claim expressed as being with...
Residential Leases
The Right to Manage
Mark Loveday takes a look at the proposed reforms to the Right to Manage. Summary of Proposals The Leasehold and Freehold Reform Bill was published on 27 November 2023[1]. This Legislation Brief deals with the provisions in the Bill relating to the statutory...
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]....
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...
Modifying Lease Terms in Response to Fire Safety Issues
Article contributed by Ian Quayle The issue of being able to correctly identify the extent of the demise becomes important when attempting to identify the physical extent of a repairing obligation under a residential lease as can be seen from this recent First Tier...
Lease User Clause
Article contributed by Sarah Thomspon-Copsey Interpretation of “live/work” Case name, reference and Bailii link AHGR Ltd v Kane-Laverack & Anor [2023] EWCA Civ 428 https://www.bailii.org/ew/cases/EWCA/Civ/2023/428.html Summary Cautioning...
Landlord and Tenant, Validity of Notices
Article contributed by Richard Granby, Tanfield Chambers Case name, reference and Bailii link: Mooney v Whiteland [2023] EWCA Civ 67 https://www.bailii.org/ew/cases/EWCA/Civ/2023/67.html Summary The Court of Appeal held a rent increase notice to...
Prescott Place Freeholders Ltd & Ors v Batin & Donovan
Article contributed by Tanfield Chambers Prescott Place Freeholders Ltd & Ors v Batin & Donovan: High Court hands down judgment in an important case on the Landlord and Tenant Act 1987 Judgment in Prescott Place Freeholders Limited & Others v...
Lease Extension tips for Conveyancers
Article contributed by Alison Stone of Alison Stone Surveyors Governed by The Leasehold Reform and Housing and Urban Development Act 1993, as amended by The Commonhold and Leasehold Act 2002, lease extensions are a minefield for the unwary with so many things...
Issues with Shared Ownership
Article contributed by Zahrah Aullybocus This article is exploring some of the issues with shared ownership that may not be obvious when reading or checking through a standard form of shared ownership lease and practical issues. Lease extensions There is...