Category Archives: News

Leasehold News

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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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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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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Phillips and Goddard v Francis: The end of the road?

I wrote a blog earlier this year about the case involving Point Curlew holiday park in Cornwall where the tenants succeeded in a claim against their landlord concerning the proper interpretation of section 20 of the Landlord and Tenant Act … Continue reading

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