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Please note the articles on this website do not constitute legal advice for any specific case or cases. So please do not rely on the information contained in the articles, feel free to contact us for advice.
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MY SUBMISSION TO THE CMA LEASEHOLD INVESTIGATION
admin
October 30, 2020
MY SUBMISSION TO THE CMA LEASEHOLD INVESTIGATION On the 11 June 2019, it was announced that The Competition and Markets Authority (CMA) had formally launched an investigation to find out…
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ONEROUS LEASES
admin
October 30, 2020
ONEROUS LEASESTO VARY OR NOT TO VARY? “BEING ASKED TO PAY A NOT INSIGNIFICANT AMOUNT FOR THE PRIVILEGE OF EXCHANGING A BAD LEASE FOR A WHAT MAY WELL BE ONLY A…
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MUNDY V SLOANE STANLEY ESTATES – A FAILURE OF LEGISLATION
admin
October 30, 2020
MUNDY V SLOANE STANLEY ESTATES – A FAILURE OF LEGISLATION The news is that the seismic shift in leasehold enfranchisement some forecast has been cancelled, or possibly postponed – if…
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DEROGATION FROM GRANT AND CLADDING COSTS
admin
October 30, 2020
DEROGATION FROM GRANT & CLADDING COSTS I have been writing about derogation from grant in relation to escalating ground rents and the second part of a two-part article on that…
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COSTS ON RELIEF AGAINST FORFEITURE
admin
October 30, 2020
COSTS ON RELIEF AGAINST FORFEITURE Although a case involving a commercial lease, Pineport Limited v Grangeglen Limited [2016] EWHC 2170 (Ch) offers useful general guidance about costs in relief against forfeiture cases…
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NOT ALWAYS A SMALL ISSUE; RTM COMPANIES AND ACCOUNTING FOR UNCOMMITTED SERVICE CHARGES.
admin
October 30, 2020
NOT ALWAYS A SMALL ISSUE; RTM COMPANIES AND ACCOUNTING FOR UNCOMMITTED SERVICE CHARGES. Section 94 of the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”) provides that where the right to manage…
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SALES INFORMATION CHARGES AS ADMINISTRATION CHARGES
admin
October 30, 2020
SALES INFORMATION CHARGES AS ADMINISTRATION CHARGES This report ( https://www.leaseholdknowledge.com/telegraph-reports-rip-off-sales-packs ) set me musing; it says the “The packs are required by housebuyers’ conveyancers, and because they can only be produced by…
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WHEN A LANDLORD CAN BE PREVENTED FROM RECOVERING COSTS UNDER A LEASE
admin
October 30, 2020
WHEN A LANDLORD CAN BE PREVENTED FROM RECOVERING COSTS UNDER A LEASE I see there has been some chat on Twitter about Landlords’ entitlement to costs under a lease. There…
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RECOMMENDED SOLICITORS AND INCREASING GROUND RENTS; DISCOVERING HOW RECOMMENDED SOLICITORS WERE SELECTED
admin
October 30, 2020
RECOMMENDED SOLICITORS & INCREASING GROUND RENTS; DISCOVERING HOW RECOMMENDED SOLICITORS WERE SELECTED This article will focus on how it might be established whether there was a pattern in the appointment…
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ESCALATING GROUND RENTS THE ROLE OF RECOMMENDED SOLICITORS.
admin
October 30, 2020
ESCALATING GROUND RENTS & THE ROLE OF RECOMMENDED SOLICITORS. Below is the text of a brief submission I made to the DHCLG but first a little additional background as to…
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ESCALATING GROUND RENTS THE EVIDENCE
admin
October 30, 2020
ESCALATING GROUND RENTS: THE EVIDENCE (SUCH AS IT IS) “The point that I am trying to make is that these onerous clauses, leases and terms do not get there by…
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NOTES ON A SCANDAL PT2
admin
October 30, 2020
NOTES ON A SCANDAL: FREEHOLDERS & MEDIEVAL ROBBER BARONS (PT 2) IN BRIEFCould the Housing Act Trap render escalating ground rent a derogation from grant? Summing up his series on…
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NOTES ON A SCANDAL PT1
admin
October 30, 2020
NOTES ON A SCANDAL: FREEHOLDERS & MEDIEVAL ROBBER BARONS – PART 2 OUT TODAY IN NEW LAW JOURNAL – PART 1 HERE TO READ. Notes on a Scandal: Freeholders &…
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No help for tenants caught by housing act trap
admin
October 29, 2020
THE TENANT FEES ACT 2019: NO HELP FOR THOSE CAUGHT BY THE HOUSING ACT TRAP Eight months before the much publicised Select Committee on Leasehold was launched on 24th July…
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ARNOLD V BRITTON 2015
admin
October 29, 2020
ARNOLD V BRITTON [2015] UKSC 36; [2015] 2 W.L.R. 1593 (SC) My article ‘Arnold v Britton – why the tenants lost’ is out in the Landlord & Tenant Review (L. & T….
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IS A SURPLUS FROM A FIXED SERVICE CHARGE THE LANDLORD’S?
admin
October 29, 2020
IS A SURPLUS FROM A FIXED SERVICE CHARGE THE LANDLORD’S? In my recent article on Arnold v Britton in the Landlord & Tenant Review, I only had space to allude briefly to…
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OOOPS – THAT SHOULDN’T HAVE HAPPENED, LET ALONE TWICE.
admin
October 29, 2020
OOOPS – THAT SHOULDN’T HAVE HAPPENED, LET ALONE TWICE. The appeals of Jarowicki & Prokhorova [2016] UKUT 435 (LC) Paragraph 3 of Martin Rodger QC’s judgment in these two service…
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STRIKING DOWN A RENT REVIEW CLAUSE
admin
October 27, 2020
STRIKING DOWN A RENT REVIEW CLAUSE Since writing about derogation from grant as a possible remedy to the Leasehold Mis-selling Scandal, in particular in a two part article “Notes on…
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SERVICE CHARGES: CONTRACTUAL LIABILITY UNDER THE LEASE; FAIRNESS & ESTOPPEL BY CONVENTION
admin
October 27, 2020
SERVICE CHARGES: CONTRACTUAL LIABILITY UNDER THE LEASE; FAIRNESS & ESTOPPEL BY CONVENTION I’ve made this observation before but the starting point of any determination under Section 27A of the Landlord & Tenant Act…
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RENT, SERVICE CHARGES AND LIMITATION: DO S.48 OF THE LTA 1987 AND S.66 OF THE CLRA 2002 AFFECT THE ACCRUAL OF THE CAUSE OF ACTION?
admin
October 27, 2020
RENT, SERVICE CHARGES AND LIMITATION: DO S.48 OF THE LTA 1987 AND S.66 OF THE CLRA 2002 AFFECT THE ACCRUAL OF THE CAUSE OF ACTION? There is probably a longer…
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