Hannah Bayliss explores a legal dispute between Peachside Limited and former tenants over a dilapidated property in Manchester’s Chinatown. Hannah delves into the arguments and legal principles surrounding the tenants' failure to uphold their repair obligations and...
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Landlord and Tenant (General)
This section contains material on a number of different landlord and tenant matters. The topics covered can be seen in the contents box on the left. There are also separate specialist landlord and tenant sections in the Update Library on:
Landlord and Tenant Act 1954, Part II
Sarah Thompson-Copsey analyses the case of The Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024], particularly examining its implications regarding the occupation for business purposes and opposition to renewal under s30(1)(g). Case name, reference...
How to Do a Lease Renewal – Part 5
Michael Lever examines tenant alterations in leased agricultural and commercial properties, categorising them into consent-based types. He discusses their impact on rent valuation, lease terms, and legal frameworks, emphasising clear communication and adherence to...
Landlord’s Consent to Alterations
Sarah Thompson-Copsey explores the ramifications of the legal proceedings in Jacobs v Chalcot Crescent (Management) Company Limited [2024] EWHC 259 (Ch), where the claimant pursued a declaration asserting that the defendant had unreasonably withheld consent for...
How To Do a Lease Renewal – Part 4
In the fourth instalment of his series on lease renewals, Michael Lever explores the influence of different clauses within a lease on a property's rental worth. He underscores the significance of comprehending these clauses and their effects on rental value, alongside...
Service Charges
Ian Quayle discusses the recent ruling of Octagon Overseas Ltd & Anor v Cantlay & Ors [2024], focusing on the transmission of insurance premiums into service charges and the question of whether leaseholders are entitled to credit for commissions and fees. ...
How Does the Registration Gap Impact on the Obligation on the Landlord to Consult?
Ian Quayle discusses a recent case that provides a useful reminder of how the FTT exercises its discretion to enable a landlord to dispense with the need to consult with leaseholders before carrying out major works as required by Section 20 of the Landlord and Tenant...
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...
How To Do a Lease Renewal – Part 3
In the third instalment of his new series on lease renewals, Michael Lever discusses the legal aspects of landlord-tenant relationships, focusing on the termination or non-renewal of leases under the Landlord and Tenant Act 1954 (LTA54). As I intimated in Part 1,...
When is it Justifiable for a Landlord to Withhold Consent for Alterations?
Ian Quayle discusses an interesting recent case concerning an application for the landlord’s consent for alterations. Case name, reference and Bailii link - Messenex Property Investments Ltd v Lanark Square Ltd [2024] EWHC 89 (Ch) (23 January 2024)...