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20 October 2015 0 Comments Posted in Property Disputes, Real Estate

Leasehold enfranchisement of residential flats – in a nutshell

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Leasehold enfranchisement is the legal principle which empowers residential flat owners to preserve the value of their flats, to take over management of their building, and even ownership of the freehold. In the case of residential flats, the rights are granted by the Leasehold Reform (Housing & Urban Development) Act 1993 and the Commonhold and Leasehold Reform Act 2002.

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16 September 2015 0 Comments Posted in Real Estate

Can landlords recover their legal costs from tenants?

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Can landlords recover their legal costs from tenants if they win at court or a property tribunal?

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14 September 2015 0 Comments Posted in Real Estate

Why landlords and tenants need to know about forfeiture

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Forfeiture is the unilateral ending of a lease by a landlord following the non-performance of some obligation or condition.

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3 August 2015 0 Comments Posted in Real Estate

Rights of way – how rights can be acquired by visiting your favourite chippy

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Fish and chips sign

It’s well known that the owner of one piece of land can gain a right of way over another’s land by using it, whether on foot or in vehicles for over 20 years.

But a recent case extends the ways in which rights can be acquired.

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15 June 2015 0 Comments Posted in Real Estate, Real Estate

Right to Manage – multiple blocks could put you in a bit of an estate

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A recent Court of Appeal case has confirmed that a separate Right to Manage (RTM) company must be formed for each individual building containing residential flats in an estate. In the common situation where a residential estate consists of more than one building, the flat owners/leaseholders/lessees in each building will need to form a separate RTM company, and follow the Right to Manage procedure independently of each other.

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4 June 2015 0 Comments Posted in Dispute Resolution, Opinion

Don’t assume triggering your break clause will be easy

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Break clauses remain a minefield for the unwary with courts taking a rigid approach to interpretation. While still focusing on the pitfalls, I’d like to highlight the areas in which professional advisers can also be caught out by the traps.

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ASTs and the 90 day Countdown

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As one of its final tasks ahead of the general election, Parliament ensured the Deregulation Act 2015 received Royal assent on 26 March 2015. There are many new measures that will affect landlords of assured shorthold tenancies (ASTs), but here are a couple outlined in brief.

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Proposed changes to sub-letting legislation – a good thing?

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Documents released following George Osborne’s recent budget speech suggest that the Government is to bring in legislation to allow residential tenants to sub-let property for short periods of time.

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5 January 2015 2 Comments Posted in Opinion, Property Disputes

A fine line over quiet enjoyment – tenants rights and landlords obligations

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The courts have recently considered how best to balance the often conflicting needs of a landlord to look after its building and the tenant’s rights to ‘quiet enjoyment’. The right extends far wider than the ordinary meaning of the words ‘quiet enjoyment’ and would be more accurately described as the right to ‘uninterrupted use’ of the property.

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16 December 2014 0 Comments Posted in Opinion, Professional Negligence

Buyer Beware – what type of survey do you require?

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This blogs looks at a case study where the type of survey a buyer had carried out on her home had serious consequences when considering a claim for negligence against her surveyors.

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3 December 2014 0 Comments Posted in Opinion, Property Disputes

Rights of leasehold flat owners

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In a report out today the Competition and Markets Authority have noted that many of the five million leasehold flat owners in the UK suffer from poor service and excess charges from the property managers who look after their properties. The Authority have recommended changes to the law to help flat owners in changing or getting rid of poor managers by a simple majority vote.

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20 October 2014 0 Comments Posted in Opinion, Real Estate

Exploring the grounds for opposing new business leases

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For the first time in a number of years the Court of Appeal has considered some of the less used grounds for opposing the grant of a new protected tenancy under the Landlord & Tenant Act 1954. If you’re a landlord who wants to successfully reject your tenant’s application for lease renewal this article points out what must be proven and what evidence you may need.

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