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Long Leases

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Aviva Investors’ Ground Rents v Williams

Article contributed by Tanfield Chambers Aviva Investors Ground Rent GP Ltd & anor v Williams & Ors [2023] UKSC 6 The Supreme Court handed down its judgment on 8 February 2023 in this important case concerning service charges payable under residential long...

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Development Value and Enfranchisement

The editors of this section are members of Tanfield Chambers; this article is contributed by Robyn Cunningham, Barrister (RobynCunningham@tanfieldchambers.co.uk).  Development Value and Enfranchisement  In this month's article, Robyn Cunningham considers whether the...

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Insurance and Repairing Covenants

The editors of this section are members of Tanfield Chambers; this article is contributed by Will Beetson, Barrister (WBeetson@TanfieldChambers.co.uk)  Insurance and Repairing Covenants in Long Leases and Whether the Court Will Imply the Terms  This commentary is...

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Forfeiture – s168

Introduction Section 168(4) of the Commonhold and Leasehold Reform Act 2002 This section provides that a landlord under a long lease of a dwelling may not serve a notice under section 146(1) of the Law of Property Act 1925 (restriction on forfeiture) in respect of a...

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Dwelling?

Initial notices Was a flat a dwelling? Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate & K Group Holdings Inc [2019] EWCA Civ 1848 Summary Flats in the process of construction had each amounted to a separate set of premises for the purposes of s101 of the...

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Unfair contract terms

Extension of Leases; Covenants Good Faith - Unfair Contract Terms Jones v Roundlistic Ltd [2018] EWCA Civ 2284SummaryThe Unfair Terms in Consumer Contracts Regulations 1999 reg 4(2), which disapplied the Regulations in respect of contractual terms that reflected...

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Terms of the transfer

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...

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Valuation

Assumptions Assumption of -no-Act rights- Crown Estates Commissioners v Whitehall Court London Ltd [2017] UKUT 242 (LC)SummaryThe UT confirmed that for the purposes of Schedule 13 Paragraph 3(2)(b) of the Leasehold Reform, Housing and Urban Development Act 1993 (-the...

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Notices

This page contains details of a number of authorities dealing with notices in enfranchisement cases. Address for service of notice under 1993 Act Glen International Limited v Triplerose Limited [2007] EWCA Civ 388 The issue in this case was whether a notice under...

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House?

This page has cases concerned with the question of what is a "house"! "Designed or adapted for living in". Roof and other structural parts not demised. House(s) - one house? Block of flats Premises used for commercial purposes "Designed or adapted for living in" The...

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