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Ian Quayle explores a recent case that highlights how the FTT will deal with defective residential long leases in exercising its discretion to vary a defective lease under S35 of the Landlord and Tenant Act 1987. Introduction Residential Conveyancers need to be...
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...
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...
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...
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...
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...
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...
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