The online resource for UK Property Law

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.

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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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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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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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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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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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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?...

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