Property, Leasehold and Housing

Collective enfranchisement when a revocable licence in a lease can become an irrevocable right

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...

Basements: no obligation to minimise inconvenience regarding party walls

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...

Acceptance of administration charges: just fine

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...

A Practical Guide to Service Charges Case Law in 2016

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...

Modification of restricted covenants

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...

Intermediate leaseholder rights considered by the Court Of Appeal

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...

50,000 people have signed up to the Land Registry anti property fraud Alert.

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...

First registration: original deeds and documents no longer required

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...

Father and son in legal dispute over ownership of house

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...

New regulations on room sizes for Homes in Multiple Occupation

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...
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