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Category Archives: 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
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
Posted in News
Tagged 83 Crampton, appeal, appurtenant, invalid, notice, Pineview, Right to Manage, RTM, signatory
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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
Posted in News
Tagged Avon Freeholds, CLRA 2002, landlord, lease, leasehold, leasehold reform, regent Court, Right to Manage, RTM, tenant
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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
Posted in News
Tagged deposit, fine, Housing Act 2004, periodic tenancy, possession, prescribed information, Rodrigues, section 21, Superstrike, tenancy deposit scheme
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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
Posted in News
Tagged appeal, Cohen, collective enfranchisement, Henley, hosebay, house, Leasehold Reform Act 1967, reasonably so called
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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
Daejan Investments Ltd v Benson : The last word on dispensation
The recent Supreme Court judgment in the case of Daejan Investments Ltd v Benson has been extensively reported in the last month. Some say it is a welcome breath of common sense but others believe that the Supreme Court has … Continue reading
Daejan Investments Ltd -v- Benson: The landlord prevails…..
The Supreme Court has handed down judgment in the long awaited Daejan Investments Ltd v Benson and others section 20 dispensation appeal and found in favour of the landlord by a majority of 3 to 2. The case was typical … Continue reading
Posted in News
Tagged benson, consultation, daejan, dispensation, landlord, leasehold, LVT, major works, section 20, service charge, supreme court, tenant
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Swindells v Ayannuga: Is substantial compliance with the tenancy deposit requirements enough?
When the Localism Act 2011 brought in changes to the tenancy deposit framework many people thought that may be the end of the TDS litigation that had been coming before the courts for the last few years since they were … Continue reading