Author Archives: leaseholdlawyer

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Which section 21 notice should I use and does it matter anymore?

Under section 21 of the Housing Act 1988 a landlord is entitled to recover possession of a property let on an assured shorthold tenancy as of right at the end of or after the expiry of the initial fixed term, … Continue reading

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More RTM litigation reaches the Upper Tribunal

Right to Manage is one area which continues to produce litigation and another disputed claim reached the Upper Tribunal at the end of 2013. In Pineview Ltd v 83 Crampton Street RTM Company Ltd a notice of claim served by … Continue reading

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Phillips and Goddard v Francis to be revisited in 2014

About this time last year the Chancellor of the High a Court handed down judgment in an appeal of a decision of the Upper Tribunal (Lands Chamber) in a case involving Point Curlew Holiday Park in Cornwall which has has … Continue reading

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RTM offer must be made to personal representatives

A phenomenally busy couple of months has kept me away from blogging. However, I’m back with an update on another Right to Manage case that emphasises the need for prospective RTM participants to take proper legal advice before embarking upon … Continue reading

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Avon Freeholds Ltd v Regent Court RTM Ltd: Substantial Compliance in RTM claims

Freeholders are often reluctant to allow tenants to follow the right to manage process brought in under the Commonhold and Leasehold Reform Act 2002. This has resulted in many technical challenges to tenants attempts to invoke the right to manage … Continue reading

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The lessons to learn from Superstrike

The facts of the recent Superstrike v Rodrigues Court of Appeal case don’t on the face of it appear the be applicable to tenancies granted after the tenancy deposit scheme legislation came into force in April 2007. The case concerned … Continue reading

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Is an unlawfully converted commercial premises a house?

They are still at it in the higher courts arguing about whether a variety of different types premises could qualify as a house reasonably so called under the Leasehold Reform Act 1967, so as to allow the tenant to forcibly … Continue reading

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From what is a house to what is a flat?

Last year was the year of the house after the decisions in Day v Hosebay Limited / Howard de Walden v Lexgorge Limited and the early signs are that this could be the year of the flat after a decision … Continue reading

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OM Property Management Ltd v Burr: Liability has to crystallise before it becomes a cost

Regular readers of my blog will recall that I wrote an article last year on the Upper Tribunal case of OM Property Management Ltd v Burr which gave guidance upon what is known as the 18 month service charge rule … Continue reading

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Are advance payments of rent caught by the Tenancy Deposit Scheme rules?

The short answer is in most cases probably not and I was a little surprised to find that this had been argued all the way to the Court of Appeal in Johnson and others v Old. The claim arose after … Continue reading

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