Housing Secretary vows to ban No-fault evictions before next election, tackling landlord abuse. Proposed Renters (Reform) Bill aims to protect tenants' rights, including outlawing discriminatory practices, improving housing standards, and strengthening...
In a surprising twist, the government has indefinitely postponed the much-anticipated ban on no-fault evictions under 'Section 21'. Housing Secretary Michael Gove cites the need for a revamped court system before the ban can be implemented,...
A judge has settled the tricky question in a case that sparked controversy between two leaseholders sharing a roof/floor and the property’s two freeholders. The case involved two maisonettes contained in a house belonging to two freeholders, who...
A homeowner has been granted permission to add a two-storey extension to his property despite objections from his neighbour. The case involved neighbours on an estate of houses around a private road constructed in the 1980s. The properties were...
A recent Court of Appeal decision concerning the signing of documents on behalf of a landlord, has been welcomed by many landlords and agents. Background Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40 considered the requirements for...
Local authorities are to receive extra funding to tackle landlords who fail to comply with energy rating standards on their properties. Since April last year, privately rented homes have had to meet a minimum energy performance rating of EPC Band...
Background In Jalili v Bury Council , the court considered the amount of legal costs that were recoverable by a tenant in a disrepair claim brought against their council landlord that settled pre-issue of proceedings. The tenant’s...
The recent case of Sturgiss -v- Boddy concerned the impact of the law on commonplace flat shares where the owner does not live at the property but allows others to do so and those others are unrelated to one another. Under this arrangement it is common...
Three homeowners have lost their appeal against a decision that sections of land they bought with their homes should be classed as ‘gardens or grounds’ and so be subject to Stamp Duty Land Tax (SDLT) at the full rate. The issue in each case was...
The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. The break clause provided that the tenant could terminate the lease if...
A landlord has won a dispute over service charges in a commercial building because the onus was on the tenant to prove they were unfair, and it had failed to do so. The case involved Criterion Buildings Ltd and Mckinsey & Co. Criterion was the landlord...
According to May 2021 statistics between 6% to 7% of private renters are estimated to be in arrears, which is around twice the proportion of an average year before the pandemic. The Government have had to step in to protect private renters. ...
Coronavirus has had a significant impact on the Civil Courts, particularly in relation to possession proceedings and evictions. The latest eviction ban imposed by the Government ended on 31 May 2021. In addition to this, the Government has amended and...
There are many circumstances where you might investigate the possibility of an injunction in a property dispute. An injunction can be your ultimate legal remedy. It is a court order which either. Requires a party to do something they are legally obliged to...
At the end of 2020, the Supreme Court passed the long-awaited judgement in Millgate Developments/Alexander Devine/Housing Solutions case. The heart of the issue was section 84 of the Law of Property Act 1925, and whether the public interest ground for...
There has been much recent press speculation that the government intends to introduce some significant reforms to Leasehold law. This has been prompted by indications from the government, over quite some time, that leasehold law is to be reformed in a...
Previously, landlords typically reserved the right to ban all pets in their rental properties. A recent update to the Model Tenancy Agreement from the Government removes this blanket ban. This will be welcome news to many pet owners, as currently only 7% of...
In the case of Golf Cafe Bars Ltd v West Yorkshire Combined Authority & Anor , a reference was made by Golf Café Bars Limited to the Upper Tribunal (UT) which claimed compensation for the temporary and permanent acquisition of parts of its...
Thurrock Council v Khalid Daoudi concerned an appeal to the Upper Tribunal (UT) from the decision of the First-tier Tribunal (FTT) to cancel a £10,000 civil penalty imposed upon the respondent by the appellant for the offence of managing...
Can a caravan site become a “protected site” where planning permission was granted after date of occupation agreement? This was the question before the Upper Tribunal (UT) in (1) Ms Sophie Dean (2) Ms Emily Haggart (3) Mrs Annabel Harding...
Did the Secretary of State’s failure to take account of the UK’s climate change commitments under the Paris Agreement render the designation of the Airports National Policy Statement (ANPS) and its accompanying environmental report favouring the...
The law relating to the application to the Agricultural Land Tribunal (ALT) for succession on death of a tenant under the Agricultural Holdings Act 1986 has been tested by the case of Daniel James Adams v Thomas James Cecil Jones, which has...
What is the scope of the power to vary the appointment of a manager and what is the position of a right to manage (RTM) company acquiring the right to manage after a tribunal-appointed manager has been appointed? This was the question asked before the Upper...
To understand if, and when, a Landlord can increase the rent in cases of assured tenancies and assured shorthold tenancies (ASTs), it is important to be aware of the distinction between the two. Assured tenancies are much a story of the past as prior to the...
An appellant appealed to the Upper Tribunal from the decision of the First-tier Tribunal (FTT) saying that the amount awarded in relation to rent paid was too low. In the case of Chung Pui Chan v Harminder Singh Bilkhu & Kawaljit Bilkhu , the appeal...
An appeal from a decision of the First-tier Tribunal (FTT) – about the reasonableness of a service charge for the replacement of part of the roof of the respondent’s flat – succeeded and the FTT’s decision was set aside in the...
An application failed for the modification of a restrictive covenant for the redevelopment of the site of a former house destroyed by fire, even though planning consent had already been secured. This was the finding of the Upper Tribunal in Briant v...
Appeals to the Upper Tribunal have been heard about the entitlement of the landlords of two supported housing developments to recover contributions towards the cost of providing accommodation for a resident warden in an apartment belonging to the landlord...
The Upper Tribunal was not persuaded to discharge or modify a restrictive covenant that prevented building in front of a line 50ft from the boundary of Oldways, a vacant plot on Twitchells Lane, Jordans, Beaconsfield. The applicant in Creebray Ltd v...
The right to enter land owned by the respondents to carry out a survey to determine whether it was suitable for the installation of telecommunications equipment has been refused. The case of EE Ltd & Anor v Cooper & Anor was heard in the...
Judge & Priestley LLP, the Bromley based solicitors’ practice, is proud to announce its most successful results ever in the 2021 edition of the prestigious Legal 500 directory of leading UK law firms. For the first time ever three of the...
Judge & Priestley LLP (J&P) is delighted to have been successfully appointed to the new Central Housing Investment Consortium (CHIC) framework agreement for legal services. The new framework will run for 4 years from 1 st July 2020 following a...
As of 1 June 2020, private Landlords are subjected to more rigorous electrical safety standards in accordance with Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 . These regulations apply to new tenancies granted on or...
Law can be fast changing, even more so in these challenging times. As the Government continues to respond to Covid 19, further new legislation is being introduced. The Government has announced further emergency measures to protect commercial tenants from...
Madelaine Henwood , Head of Residential Property at Judge & Priestley, comments on the news that the housing market in England has been reopened by the government. “It is great news for buyers and sellers looking to move house, that the...
As a result of Section 82 of the Coronavirus Act, UK commercial tenants who miss rent payments due to the impact of the Coronavirus pandemic are to be protected from eviction for at least three months. Some of the potential issues for landlords of...
It’s certainly not business as usual for housing possession claims. The Coronavirus Act 2020 came into force from 26 March 2020. The Act protects most tenants including secure licensees in the social and rented sectors. The key change brought by...
The government has prepared draft regulations that propose new electrical safety standards in the private rented sector and, if approved by Parliament, these are due to come into force imminently. What’s new? As of 1 July 2020, the new legislation...
An application under section 84(1), Law of Property Act 1925 sought the modification of a restriction on development in relation to No 11 Oakfield Glade (known as Oak House). The house in the case in question, Martin v Lipton & Ors, was on the Oakfield...
The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd was a case about equitable relief from forfeiture. Specifically, the issue in question was whether the court had jurisdiction to grant such relief from the loss of rights to make use of...
The Court of Appeal, on an appeal from the High Court, has set out a series of principles that tackle the issue of encampment in public spaces by gypsies and travellers. The case, The London Borough of Bromley v Persons Unknown (Rev 3), was an appeal...
Two appeals have been heard in the Supreme Court in relation to applications to register land as a town or village green. The cases are R (on the application of Lancashire County Council) (Appellant) v Secretary of State for the Environment, Food and Rural...
The Upper Tribunal was asked whether services charges were reasonable in the case of Residents Company Limited v Hyslop. The appellant, 38/41 CHG Residents Company Limited, was the freeholder of 39 and 41 Craven Hill Gardens. The respondent, Ms Hyslop, held...
As a Residential Landlord, you may have numerous issues, from drafting the tenancy agreement and lodging the deposit correctly, to ensuring that you follow the complex procedural requirements. You may have issues with rent arrears and want to evict your...
The Royal Borough of Kingston-upon-Thames (“Kingston”) entered into an agreement with Thames Water Utilities Limited (“TWU”) in 2003 until 2017. Many other councils in London and Thames Valley entered into similar agreements...
Calling all residential landlords in SE London. Do you have a legal tenancy issue that we can assist with? Judge & Priestley solicitors are pleased to announce that we will be running free legal clinics for private landlords at our Beckenham...
The number of first-time home buyers has reached its highest level for 12 years. The latest mortgage data reveals that 35,010 people took their first step on the property ladder in August. That’s the highest monthly total since August 2007. The...
Tenants threatened with eviction are set to receive enhanced legal support under new measures proposed by the government. The Housing Possession Court Duty Scheme (HPCDS) offers free ‘on-the-day’ legal advice to anyone in danger of being evicted...
The government wants to introduce a package of measures to help people on lower incomes get on to the housing ladder. It’s reviewing a new national model for shared ownership to make it easier for people to buy more of their own home, including...
The Parliamentary Buildings (Restoration and Renewal) Act 2019 has received Royal Assent and the Palace of Westminster now has in place its very own process for the renewal of these buildings. The Act establishes the statutory bodies that will be...
In an application for the modification of restrictive covenants under section 84 of the Law of Property Act 1925, the applicants (Mr and Mrs Jackson, who were the freehold owners of Old Hazelwood Green Farm) wanted to modify a restrictive covenant so they...
In an application under section 84 of the Law of Property Act 1925, Andrew and Veronica Pethick applied to the Upper Tribunal (Lands Chamber) to discharge a restriction, relying on grounds (a), (aa), and (c) of section 84(1) of the Law of Property Act 1925. ...
An application was made by Little Kelham CIC to the First Tier Tribunal (FTT) under Section 20ZA of Landlord and Tenant Act 1985 (the Act) for dispensation from the consultation requirements of section 20 of the Act and the Service Charges (Consultation...
The Upper Tribunal (Lands Chamber) has ruled that the First-Tier Tribunal (FTT) has an unfettered discretion to extend the 28-day period for appeals from financial penalties that can be imposed under the Housing Act 2004, section 249A. In the case of...
A group of landowners have won a planning appeal that could boost their potential compensation if their property becomes subject to compulsory purchase. Their land is situated in an area that Highways England is considering for development of a new route. ...
A landlord has won a dispute with a tenant over service charges for insurance dating back nearly 15 years. The case involved a tenant who held the lease of a flat in a building comprising of three flats and a commercial unit. Under the lease, the tenant...
The Court of Appeal has ruled that a landlord was within his rights to end a tenancy agreement without giving his tenant the six-month notice period required under the Housing Act 1988. The tenant, Sarah Bamber, had agreed a seven-year tenancy on the...
The controversy in the case of Broxfield Ltd v Sheffield City Council revolved around demands for business rates sent by the local authority to the appellant on 25 January 2016 in respect of a property known as Courtwood House in Sheffield. There were three...
The Upper Tribunal (Lands Chamber) (UT) has been asked to consider appeals about the extent of maintenance for which a landlord is responsible in relation to demised premises. The cases, Buttermere Court Freehold Ltd v David Goldstrom and Andrew Parissis,...
The appellant, Westlake Estates Ltd, was the freeholder of Snowshill Place, a purpose-built block of 17 flats. It acquired the freehold in 2008 from Linkhaven Estates Ltd. The respondent, Mr Yinusa, was the tenant of flat 6. He held it under a 125-year...
A tenant has successfully appealed a service charge he incurred after his landlord removed rubbish from the car park of the property. The tenancy agreement included the rent payable as well as the right of the landlord to add a variable service charge to...
Judge & Priestley solicitors will be holding an open evening for leaseholders to learn about and discuss any legal issues in relation to their lease, with a member of J&P’s expert leasehold team. The event will be held at Judge &...
A tenant has successfully appealed a service charge he incurred after his landlord removed rubbish from the car park of the property. The tenancy agreement included the rent payable as well as the right of the landlord to add a variable service charge to...
Landlord groups have called on the government to establish a dedicated specialist housing court to speed up the process of legitimate evictions. The move comes after the Ministry of Justice published figures showing that it is now taking longer for private...
In the recent case of Duval v 11-13 Randolph Crescent Ltd (2019) 2 WLR 761 (CA (Civ Div)), W was the lessee of flat 13, and D (Claimant) was the lessee of flats 11G and H in a block of flats. Both held their flats on long leases, and the reversion was held...
The Act comes into force from 1 June 2019 and is designed to prohibit certain payments between landlords or agents and tenants “in connection with a tenancy of housing in England.” All payments in connection with a tenancy are prohibited...
A hotel has sought specific performance of repairs, to be carried out by the owner of the building, in order to fully secure glass panels that were the building’s main feature. It was argued that the owner had only completed a temporary fix but had...
The High Court has ruled, in the case of Forward v Aldwyck Housing Group Ltd, that a possession order made in favour of a housing association pursuant to an assured tenant’s anti-social behaviour should stand, even though there had been no...
Since 1 October 2014, a person who engages in either letting agency or property management work must be a member of a prescribed redress scheme for dealing with complaints “in connection with that work” Enterprise and Regulatory Reform Act 2013...
Judge and Priestley LLP, the Bromley based solicitors, successfully held their latest Service Charges training seminar for public sector clients on Tuesday 21 st May 2019. The company are experts in all aspects of leasehold law and support many local...
The Tenant Fees Act that caps tenancy deposits and protects against unfair practices has now received the Royal Assent and passes into law. The government introduced the new regulations because it believes that unexpected letting fees and high deposits can...
A recent report (March 2019) from the House of Commons Select Committee for Housing, Communities and Local Government, has again highlighted that, in many instances, the legal balance of power in leasehold issues is heavily weighted against leaseholders and...
The new Act will become law from 20 March 2019 and amends section 8 and 10 of the Landlord and Tenant Act 1985. The Act requires that all rented properties in England must be “fit for human habitation”. When will the Act apply? To new...
The Court of Appeal has ruled that an agreement for the disposal of land was not a public works contract at the time the agreement was entered into but, because it contained contingent provisions which would require the developer to carry out development...
In the recent decision in Avon v Childs [2018] UKUT 0204 (LC), the Upper Tribunal provided important guidance on the issue of “Double hatting” which is likely to see an increase in service charge claims started in the county court and impact on...
Tenants and leaseholders can now access official guidance on their rights when renting their home. The online rental guides, published by the Ministry of Housing, Communities and Local Government, are part of a continuing crackdown on poor practice by a...
A developer has won the right to build in open countryside despite opposition from the local planning authority. The case involved developer George Barlow and Cheshire East Council. Barlow had applied for planning permission to build 10 houses on open...
The National Landlord’s Association (NLA) has criticised government proposals to introduce 3-year minimum tenancies. Ministers say 3-year tenancy terms, with a 6-month break clause, are necessary to help renters put down roots, and to give landlords...
When a tenant of a warehouse sought a declaration from the High Court against a landlord in relation to repairs to the warehouse, the court refused to issue such a declaration. In the case of Office Depot International (UK) Ltd v (1) UBS Asset Management...
Who owns land in the UK (when the land is registered to an overseas company) is being tackled by the Department for Business, Energy and Industrial Strategy (BEIS). The information currently available on overseas owners or leaseholders of land is often...
The government is planning to set up several New Town Development Corporations to build thousands of homes across the country over the next five years. The corporations will be accountable to local councils and be responsible for new towns and garden...
In a home-owner’s subsidence claim, where relief was sought under the Coal Mining Subsidence Act 1991, the question before the court was whether it was reasonably practicable to demolish the house and build a larger one. In White v The Coal...
Creating a more effective land registration system is firmly on the Law Commission’s agenda. In a project designed to update the Land Registration Act 2002 – which governs registered land – the Law Commission first published a consultation...
The refusal by Milton Keynes Council of a tenant’s request to buy the freehold of a property was upheld by the Upper Tribunal, overturning the decision of the First-tier Tribunal. In the case of Milton Keynes Council v Bailey , the Upper Tribunal...
In a case before the Court of Appeal, a tenant argued that an index-linked rent review clause contained in a reversionary lease of offices in Bromley was ambiguous. Concurring with the first instance judge, in the case of Trillium (Prime) Property GP Ltd v...
Two homeowners have won a claim against Network Rail after the company failed to keep Japanese knotweed under control on its land. The plant grows very fast and can damage the structure of buildings due to its widespread roots. Some of the weed growing on...
If a landlord doesn’t want to carry out repairs on a commercial property unless he has a tenant waiting to move in, is he entitled to have the rateable value reduced? A recent case saw landlord Christopher Shaw appeal after a valuation tribunal...
The concept of “statutory incompatibility” in relation to the registration of village greens was tested at the Court of Appeal in the conjoined cases of R (Lancashire County Council) v Secretary of State for Environment, Food and Rural Affairs...
Lifetime tenants of social homes who are victims of domestic abuse will be granted a further lifetime tenancy under the Secure Tenancies (Victims of Domestic Abuse) Act 2018. The grant of a further tenancy is dependent on whether: either the tenant had to...
Banning letting fees paid by tenants in the private rented sector and capping tenancy deposits in England is the aim of the Tenant Fees Bill. The plan is to reduce the costs that tenants can face at the outset, and throughout, a tenancy, and is part of a...
The question of whether a landlord was reasonable in refusing consent for planning permission for a change of use because of the fear of enfranchisement (ie acquiring the freehold) was addressed in Rotrust Nominees Ltd v Hautford Ltd. In that case, the...
The Upper Tribunal found that a First-Tier Tribunal (FTT) should not have included planning refusals after the valuation date in the value of an opportunity to develop a block of flat’s roof space, saying that these matters were irrelevant. The case, ...
In the recent case of First Tower Trustees Ltd v CDS (Superstores International) Ltd [2018] EWCA Civ 1396, Court of Appeal judges unanimously upheld a High Court’s decision that a non-reliance statement in a commercial lease had the effect of...
The government says it wants estate agents to become “professionalised” as a way of improving the housing market and reducing the number of sales that fall though each year. Ministers say delays and complications during the process of buying or...
The leaseholder of a maisonette has been prevented from extending her home by digging down into the subsoil beneath her cellar. The High Court held that the general presumption of being allowed to develop a property upwards did not automatically apply to...
The government is pressing ahead with its plans to make property agents in the private sector join “an approved or designated client money protection (CMP) scheme” if they handle client money. The move follows a public consultation by the...
A commercial landlord has won a dispute with the liquidators of the former BHS retailer over the payment of rent. The issue arose because BHS had entered into a Company Voluntary Arrangement (CVA) to pay reduced rents to landlords of its stores and offices....
This is a recent decision in the Court of Appeal, concerning a claim for collective enfranchisement (right to purchase of a freehold) and the rights of the leaseholders over the surrounding gardens. Within a collective enfranchisement claim, the...
Last week’s decision in the Supreme Court in this case, is of general interest, with regard to Contract Law. The Supreme Court determined that an oral variation of a contract was ineffective, where there was a “no oral modification” clause...
Queen’s Park Rangers Football Club has won a dispute over building on a site within protected Metropolitan Open Land (MOL). The site had been used by the public since the 1960s for sport and recreation. The proposed development was for the demolition...
A landlord has won her appeal that she was not affected by recent changes in the law and so her notice to repossess her property was valid. The case involved a landlord who rented out her house in 2007 on an oral monthly tenancy. She sought repossession in...
Growth in house prices in the UK slowed down in 2017, according to the latest figures from the House Price Index. The annual growth rate for 2017 was 4.8%, compared with 7% in 2016. On a calendar year basis, that is the lowest rise since 2013. The figures...
The High Court has stopped a homeowner carrying out work that could cause damage to his neighbour’s property. The issue arose because the two sides shared a party wall. The homeowner started excavation work exposing the foundations of the wall without...
The Court of Appeal recently dismissed the eagerly anticipated appeal in the case of Mundy v the Sloane Stanley Estate. Had the result gone the other way, it would potentially have had quite a dramatic impact on the prices of the premiums that leaseholders...
New rules for dispositions of registered land using electronic documents with electronic signatures have been made. The Land Registration (Amendment) Rules 2018 amend the Land Registration Rules, which make detailed provision for land registration in...
In the Housing and Planning Act 2016 (HPA 2016), the government introduced a series of provisions that were intended to increase transparency and fairness for residential tenants. Section 131 of the HPA 2016 inserted a new paragraph 5A into Schedule 11 to...
When a County Court Judge granted an injunction requiring lessees to remove their dog, Vinnie, a Yorkshire/Maltese cross-breed, from premises, the Judge was right to decide that the property management company had complied with its implied obligation to...
In an application to discharge restrictions which prevented a domestic garage being used for a dog grooming business, the Upper Tribunal decided that a limited modification of the restrictions could be justified. The restrictions would be modified only to...
UK Finance (formerly the Council of Mortgage Lenders (CML)) released a new Disclosure Form (Version 1) on 21 st February 2018, which replaces version 2.1 of the existing Disclosure of Incentives Form. The Disclosure Form must be completed by the seller of...
The Court of Appeal dismissed an appeal from the High Court against an award of damages of £285,700 for the unlawful occupation of land for periods totalling 51 months between January 2009 and September 2014. The case, Raymond Anthony Shepherd v...
A contractor has won a dispute over a £277,000 payment even though the adjudicator deciding the case may have made a mistake. The issue arose after the contractor had been hired by a developer constructing a block of flats. The agreement between them...
A Brent based Letting Agency “Easy Let” and several of its employees who knowingly sub-let a property as a HMO without the landlord’s knowledge have been fined nearly £40,000. The prosecution was executed at Willesden Magistrates...
Currently, the Gas Safety (Installation and Use) Regulations 1998 provide that a landlord must carry out a gas safety check on any appliance and flue in the premises within 12 months of being installed and at intervals of not more than 12 months since it was...
A couple who bought a home in the country to enjoy a quiet life have succeeded in preventing a landowner building houses that would spoil their view. The issue arose after the couple bought the home in a large area of open countryside. The landowner who...
Yesterday (24 th January), the Court of Appeal dismissed the eagerly anticipated appeal in the case of Mundy v the Sloane Stanley Estate. Had the result gone the other way, it would potentially have had quite a dramatic impact on the prices of the premiums...
Landlords will be obliged to join an ombudsman redress scheme as part of government efforts to give tenants greater protection. The new measures were unveiled by the Communities Secretary Sajid Javid. He said the government will also oblige letting agents...
Thinking of moving house, setting up a new business or writing a will in 2018? Many of us will take the turn of the new year as a chance to reflect on the recent past and maybe to resolve to address some important issues in our lives over the coming months...
In the case of Barter Re Ivy House, the Upper Tribunal was asked to consider allowing an application to discharge a recently-made restrictive covenant over land. The covenantee in this case did not consent to the discharge but chose not to participate in...
The London Borough of Haringey has won in the Court of Appeal when it appealed against a High Court decision refusing a possession order. The High Court found that the husband and tenant in the case, Mr Ahmed, was an agent for his wife in terms of the...
It will all be about speed, simplicity and an open approach to data at HM Land Registry from now on, it says as it publishes its five-year strategy document. Noting the need for innovation, HM Land Registry says: “We safeguard land and property...
The Upper Tribunal was asked to consider modifying a restrictive covenant which restricted house building in Anne Hennessey v Gary Mark Kent . It was held that, because the land in question was already surrounded on three sides by houses, this was a...
In the case of Aaron Harris v Hounslow London Borough Council , it was decided that it was too late for a secure tenant to secure a statutory review of a local authority’s decision to apply for a possession order. This was because the seven days set...
The forfeiture of a tenant's 900-year lease for non-payment of rent failed as the landlord had not complied with statutory provisions, said the Upper Tribunal in the case of Cheerupmate2 Ltd v Calce . The appellant, Cheerupmate2 Ltd, was the landlord...
Insurance charges made by a landlord of a block of flats were not payable by the tenants, as they were not "reasonably incurred", the Upper Tribunal agreed with the First Tier Tribunal following an application by one of the tenants. The case of ...
The appeal in Partridge v Gupta dealt with the enforcement in the High Court of an order for possession of land. Sitting in the Queen’s Bench Division of the High Court, Mr Justice Foskett said that many possession orders made in the County Court...
In a move that is being touted as both a give-away and counter-productive, the Chancellor of the Exchequer announced in the Autumn Budget 2017 a relief from stamp duty land tax (SDLT) for first-time buyers. The relief will apply from 22 November 2017 to...
The landlord of a flat containing asbestos was not responsible for the death of a tenant who suffered from malignant mesothelioma. That was the decision of the High Court in a case involving the family of the tenant and Hammersmith Council. A claim for...
The government has announced a £2.3 billion fund which will help unlock 100,000 new homes in areas of high demand. Communities Secretary Sajid Javid said hundreds of housing developments were being held up because of a lack of local infrastructure. ...
A landlord has won its appeal over the validity of service charges even though it was late in giving notice. The court held that it was enforceable because the tenant had “waived the invalidity”. The case involved Southwark Council and one of...
The Chancery Division of the High Court heard an appeal from the Southend County Court in which it dismissed the claimant’s appeal against a decision dismissing her claim for an order to extend the lease on her flat to 999 years with no premium. The...
An understanding was reached in the case of Minerva v Greenland of when a party has done enough to meet its contractual “reasonable endeavours” obligations to secure a specific result. The property case, heard in the High Court, revolved...
The valuation provisions in section 9 of the Leasehold Reform Act 1967 and the Interpretation Act 1978 were evaluated in the Court of Appeal in the case of John Lyon's Charity v London Sephardi Trust . The Court of Appeal upheld the Upper...
The High Court has made a decision in relation to a strip of land, thereby construing an unambiguous contract in terms other than in accordance with its literal meaning. The case, Jones v Oven , arose out of a dispute between neighbours at Little Baddow...
The Lord Chancellor, The Rt Hon David Lidington MP, has addressed an audience at the Rolls Building in London to launch the Business and Property Courts system and thanked Geoffrey Vos, Brian Leveson and Lord Thomas, the Lord Chief Justice, who have driven...
HM Land Registry has explained what boundary agreements and determined boundaries are and when they may be appropriate in its updated Practice guide 40: HM Land Registry plans, supplement 4, boundary agreements and determined boundaries. HM Land...
The government has announced plans to clampdown on unfair practices involving leasehold homes. The measures include a ban on new build houses being sold as leaseholds as well as restricting ground rents to as low as zero. Leaseholds generally apply to...
It is just over three months since Judge & Priestley announced the acquisition of the business interests of the Chislehurst based solicitor’s practice of Preston Mellor Harrison (PMH)and in that time we have been very busy in BR7. Through May we...
A notice to quit was declared invalid because the landlords sent it to the tenant’s old address, even though they had been informed of the new one six years earlier. The case involved the tenancy of an agricultural holding. The tenancy agreement...
The government has reiterated its commitment to helping more people own their home. Alok Sharma, Housing and Planning Minister, said: “As set out in our Housing White Paper, we’re committed to helping those aspiring home buyers currently...
A tribunal has modified a covenant that prevented the building of more than one property per plot on a large estate. The case involved a development called River View, which had been built in accordance with planning permission granted in 1962 for eight...
A builder has recovered unpaid fees totalling £44,000 in a dispute with property owners over alleged defects in renovation work. The owner had asked the builder to do certain works on their property. There was no written agreement. The owners paid...
We are pleased to announce that Mark Oakley, Property Partner at Judge & Priestley will be presenting a breakout session at the NHF Leaseholder and Tenant Service Charges Conference . The event is taking place on Thursday 14 September 2017 at the...
An application to discharge a restriction preventing the use of premises (next door to a former Chinese restaurant) other than as offices was granted by the Upper Tribunal (Lands Chamber) to enable the applicants to convert the premises into two residential...
“We consider that event fees should be regulated with the introduction of a new code of practice,” says the Law Commission. It is referring to specialist retirement properties which are almost always sold on a leasehold rather than freehold...
In Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Anor [2017] EWCA Civ 238 (04 April 2017) the Court of Appeal (Civil Division) had the opportunity to consider the validity of easements of various kinds of recreational facilities....
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 mean that, from April 2018, private non-domestic (and domestic) landlords must ensure that properties they rent in England and Wales reach at least an Energy...
MOHAMED ABDULRAHMAN v CIRCLE 33 HOUSING TRUST LTD (2017) CA (Civ Div) 29/06/2017 In this case before the Court of Appeal, the respondent was a housing association which had granted the appellant an assured tenancy in a flat. The flat shared a communal...
Judge & Priestley LLP are proud to be the joint main sponsors of the annual Am Am tournament at the Sundridge Park Golf Club in Bromley. This fund raising event is traditionally one of the highlights of the clubs social calendar, taking place over the...
Join us at News on the Block's unique boardroom brunch on current service charge challenges and how to address them on Wednesday 22nd March 10am to 3pm in London. This event event will allow you to join like-minded professionals to...
The House of Commons has released an accessible briefing paper, Anti-social neighbours living in private housing (England) , which summarises the legal position and potential remedies available where people find themselves living next to anti-social...
Summary A leaseholder who is claiming a lease extension is bound by certain statutory time constraints, and the one that is arguably the most fateful is the deadline by which the leaseholder must apply to the First-tier Tribunal...
Original deeds and documents no longer have to be submitted when an application for first registration of unregistered freehold and leasehold estates in land is made by conveyancers. Certified copies of deeds and documents can be submitted instead of the...
In a recent appeal case the Upper Tribunal (Lands Chamber) considered the issue of determining whether a service charge which was payable on account was "reasonable" for the purposes of the Landlord and Tenant Act 1985 s.19(2). CHARLES...
When a tenant signs a lease containing a conditional break clause, it is imperative that the tenant completely understands the conditions associated with exercising the right to break the tenancy and complies fully with the terms set out in the lease. It...
In the case of 4-6 Trinity Church Square Freehold Ltd v The Corporation of the Trinity House of Deptford Strond, the Upper Tribunal determined that if a qualifying tenant enjoys revocable rights under a lease, then when exercising the right to collective...
When a buyer or their representative makes pre-contract enquiries during the conveyance of property, accurate information must be given or damages for losses incurred by misrepresentations will be payable if disclosure is not made; even if the market...
In a notable case concerning disrepair and service charges, The Upper Tribunal (Lands Chamber) recently held that a front entrance or communal door within a block of flats is not in disrepair merely because it has been modified or replaced. Southwark LBC v...
In the case of 4-6 Trinity Church Square Freehold Ltd v The Corporation of the Trinity House of Deptford Strond , the Upper Tribunal determined that if a qualifying tenant enjoys revocable rights under a lease, then when exercising the right to collective...
The Court of Appeal has decided in Gray v Elite Town Management Ltd (2016) that there is no obligation on surveyors to approve a construction scheme that causes the least inconvenience to owners of adjoining property. It was decided that section 7(1) of The...
When a tenant stated that a charge made by his landlord for entering into a deed granting retrospective consent to the tenant’s alterations to his flat was “fine”, the Upper Tribunal found that the word “fine” constituted an...
Over 40 customers of Judge & Priestley attended the now traditional Christmas Housing Management lecture, presented in association with Cornerstone Barristers. The event took place at The Law Society in Chancery Lane on Thursday 15 th December...
The Upper Tribunal (Lands Chamber) has recently considered whether a restrictive covenant should be modified to allow development which was knowingly carried out in breach of the covenant. In “Millgate Developments Limited and another v...
In a notable case, the Court of Appeal has upheld a decision by the Upper Tribunal (Lands Chamber) that service by an intermediate landlord of a notice of intention to be separately represented under the Leasehold Reform, Housing and Urban Development Act...
Private landlords and second home owners among others, may be interested in a relatively little known service from the Land Registry designed to combat property fraud. The Property Alert service helps people to detect fraudulent activity on their property...
Original deeds and documents no longer have to be submitted when an application for first registration of unregistered freehold and leasehold estates in land is made by conveyancers. Certified copies of deeds and documents can be submitted instead of the...
When family members buy a property together it is advisable to draw up documents outlining the extent of each person’s share, together with their rights and responsibilities. Failure to do so can lead to disputes as occurred in a recent case before...
The government is introducing new rules on minimum room sizes in homes in multiple occupation (HMO) as part of a crackdown on rogue landlords. Ministers want to strengthen the ability of councils to tackle ruthless landlords who exploit tenants and charge...
2016 has been something of a roller-coaster ride for followers of residential property market activity. The first quarter of the year was notable for a mini-boom as landlords and second home buyers rushed to complete purchases ahead of the changes to stamp...
The latest national data from the Land Registry on residential property prices has been published today. The UK House Price Index has been updated with actual selling prices reported to the Land Registry for the month of August. Highlights for the month...
In her speech earlier this week to the Conservative Party conference, Amber Rudd, the new Home Secretary announced harsher potential penalties for landlords of properties in England, who fail to check the immigration status of tenants and let accommodation...
The Homelessness Reduction Bill is due for its second reading on 28th October 2016 and if passed, should mean that private tenants will not need to wait for physical eviction by bailiffs to be accepted as homeless by local Councils. The notice of eviction...
The government has indicated that it does not plan to regulate landlords further by imposing on them the requirement to belong to a redress scheme. In the House of Lords, Baroness Hayter of Kentish Town asked Her Majesty’s Government whether it plans...
The High Court has held that a tenant was entitled to relief from forfeiture despite the tenant’s 14-month delay in applying for relief on the condition that the tenant paid the landlord’s arrears and costs. The case, Pineport Ltd v Grangeglen...
The Supreme Court has ruled that Article 8 of the European Convention on Human Rights (ECHR), which relates to the right to respect for private and family life, cannot be relied upon to challenge a possession order. In the case of McDonald v McDonald, the...
In the case of Alexander v West Bromwich Mortgage Company Ltd, the Court of Appeal overturned a High Court decision regarding inconsistent details in a mortgage offer compared with the standard conditions attached to the actual mortgage contract. The offer...
Measures to improve the energy efficiency of certain private rented property in England and Wales were introduced by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. Part 3 of the 2015 Regulations prescribes a minimum...
The High Court has held that a limited partnership (LP) did not validly exercise a break clause in a lease. In Vanquish Properties (UK) Limited Partnership v Brook Street (UK) Limited, the LP had taken an overriding lease of the building of which the...
The Land Registry has published the latest national updates to the UK House Price Index covering the month of July 2016. In the aftermath of the surprise EU referendum result on 23 rd June and the stamp duty changes in April 2016 the volume of sales...
Women dent their promotion chances when they become mothers and that affects their future earning power, according to new research. Time spent on maternity leave and reducing hours once they return to work means they gain less experience, which also holds...
In this article we provide you with an update regarding the case of Francia Properties Ltd v Aristos Aristou and 8 Ors (2016), the first case in which a Court has had to consider whether the appointment of a right to manage company prevents a landlord from...
The Upper Tribunal (Lands Chamber) has given guidance on the proper application of ss.20, 20ZA, Landlord and Tenant Act 1985, in the recent matter of various Leaseholders of Foundling Court and O’Donnell Court, Brunswick Centre, London v (1) Camden...
The Land Registry has published the latest national updates to the UK House Price Index covering the month of June 2016. The run up to and the aftermath of the EU referendum vote on 23 rd June saw price growth in London slow dramatically, with the average...
The case of Roundlistic Ltd v Jones and another [2016] UKUT 325 (TCC) is a recent breach of user clause decision that you may find interesting. The case involved a maisonette and a covenant prohibiting the tenant from using the...
A large number of landlords have already changed the management vehicle for their property portfolios to a limited company, in response to the reduced mortgage tax relief available to individual landlords due to be phased in from 2017 to 2020. Data recently...
House prices across the UK rose by 8.1% in the year to May, bringing the value of an average property to £211,230. On a monthly basis, prices rose by an average 1.1% between April and May. Looking at England alone, there was an annual price increase...
A private sector tenant has lost her appeal against a possession order that she claimed infringed her human rights. The tenant was in her mid-forties and had suffered since childhood from a personality disorder and psychotic symptoms. She had lost two...
Leaseholder Landlords will breathe a sigh of relief as the Supreme Court has overturned the previous COA decision in the case of EDWARDS v KUMARASAMY (2016) . This case concerns a landlord’s repairing obligations of the common parts of the...
Sterling teetered through the first few days of the new Brexit environment and, although stock markets are eventually showing some resilience, currency values are still a national obsession. In the run up to the referendum we saw significant press coverage...
The Council of Mortgage Lenders (CML) has reported that in the first quarter of 2016, the number of repossessions fell to 2,200 (comprising 1,500 home-owner and 700 buy-to-let properties). In 2009, the number stood at 13,200 and has been steadily...
Melvyn Roy Bean and Penelope Jane Saxton v Howard Katz and Benjamin Katz [2016] UKUT 168 (TCC) is a determined boundary dispute case that has given rise to an important jurisdictional question.
With Royal Assent on 12 May 2016, the Housing and Planning Act 2016 hit the statute books, bringing with it a host of reforms directed towards meeting the Government’s pledge to build more homes that people can afford, give more people the chance to...
The High Court has considered whether a landlord was acting in breach of a covenant for quiet enjoyment when acting on a right in a lease to undertake rebuilding work. The court held that, although the lease did indeed give the landlord the right to...
The Upper Tribunal provides guidance on cost applications for unreasonable behaviour and says that such awards should be rare. In 3 joined cases WILLOW COURT MANAGEMENT COMPANY (1985) LIMITED v MRS RATNA ALEXANDER, MS SHELLEY SINCLAIR v 231 SUSSEX...
A new online form is now available for claiming back the 3% supplemental Stamp Duty Land Tax (SDLT) payable when a new home is bought when an original residence is retained. The supplement is not payable where the new property replaces a main home where...
Possession claims fee and other Court fees due to rise next month - Fee for issuing possession proceedings will be increasing from £280 to £355 and through PCOL from £250 to £325. Also for majority of general applications the...
Landlords in England now have to carry out Right to Rent checks on potential tenants to make sure they are entitled to stay in the UK. The new regulations came into force on 1 February. They will affect you if you are a private landlord, have a lodger, are...
New legislation which came into force on 1 October 2015 introduced a number of changes which affect whether or not a Landlord can serve a Section 21 Notice on an assured shorthold tenancy in England. These new rules will only apply to new assured shorthold...
On 6 April 2015 the new pre-action protocol for Possession Claims was introduced. It is split into three parts entitled: 1. Aims and scope of the protocol. 2. Rent arrears. ...
New legislation which came into force on 1 October 2015 introduced a number of changes which affect whether or not a Landlord can serve a Section 21 Notice on an assured shorthold tenancy in England. These new rules will only apply to new assured...
Under the Deregulation Act 2015 there are significant changes to Section 21 notices, which will benefit tenants considerably. Minor changes include: · For the first time there will be a prescribed format for Section 21 notices ...
These two new directions replace the previous directions for mandatory and discretionary reduction of service charges and came into force on the 12 August 2014. Social landlords will be aware of the previous regulations but material changes have been...