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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...
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...
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...
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...
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...
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?...
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...
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...
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....
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...
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