Scope of Tribunal’s Housing Management Order exceeded powers
Part II of the Landlord and Tenant Act 1987 provides for the appointment of managers by tribunals. Subject to exceptions in subsection (3), section 21(2) provides that Part II of the Act applies to...
View ArticleHousing: Corresponding date rule validated Right to Manage Claim Notice
An application may be made for the appointment of a manager of leasehold housing under the Commonhold and Leasehold Reform Act 2002 (“2002 Act”). Section 80 of the 2002 Act prescribes that the claim...
View ArticleFlat leases: modification of defective lease terms in new leases under...
Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (“the 1993 Act”) gives the tenant of a flat the right, subject to paying a premium, to be granted a new lease of the...
View ArticleFlats: Necessary consents to Lease changes should have been got earlier
Varying flat leases under section 35 of the Landlord and Tenant Act 1987 (as amended) can be contentious, expensive and time-consuming. To allow the application to be made to a leasehold valuation...
View ArticlePayment of lease extension completion statement did not oust LVT’s judgement...
By section 60 of Leasehold Reform Housing Urban Development Act 1993 (the 1993 Act) it is the enfranchising residential tenant who must pay the costs of the extension lease. Where those costs are in...
View ArticleCan a Landlord recoup defence costs and damages from own breaches?
Can a landlord recoup damages and legal costs arising from it’s own breach of covenant through a service charge? In the Upper Tribunal (Lands Chamber) case of Fairbairn v Etal Court Maintenance Ltd...
View ArticleService charge wording too narrow to cover costs of suing defaulting tenants.
Does the language of a service charge provision in a lease permit the landlord to recover money which it has spent in contesting legal proceedings against the leaseholders of flats in a residential...
View ArticleRight to Manage Company Articles could only have been referring to the whole...
Where a document, including a company’s articles of association, is ambiguous or reasonably capable of more than one meaning, the document will be given the meaning which is more consistent with the...
View ArticleRight to manage: notice of invitation to participate invalid
The purpose of a notice of invitation to participate under section 78 of the Commonhold and Leasehold Reform Act 2002 is to afford to all qualifying tenants of flats in the premises the opportunity to...
View ArticleInaccessibility of Landlord did not dispense with consent requirement
A tenant’s covenant not to carry out alterations without the landlord’s consent is not a covenant by the landlord to give consent, or to be available to receive requests for consent. If the landlord...
View ArticleFlat Landlord not responsible for Tenant fall in Common Parts
Where a lease is a lease of a dwelling-house which forms part only of a building, then, under section 11 (1A) of the Landlord and Tenant Act 1985 there is implied into the tenancy agreement a...
View ArticleVery short term lettings breached “private residence” covenant
A long lease contains a covenant “not to use the leased property (or permit it to be used) for any purpose whatsoever other than as a private residence.” If the long leaseholder advertises the property...
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