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Tag Archives: tenant
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
Posted in Introductory
Tagged Assethold, freeholder, invitation, landlord, leadeholder, notice, personal representatives, Right to Manage, RTM, Sunny Gardens, tenant
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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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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
Posted in Leasehold Opinion
Tagged assured shorthold, AST, deposit, Housing Act 2004, landlord, protection, tds, tenancy deposit scheme, tenant
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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
Section 20: Project by Project or Year by Year?
While most of us were preparing for Christmas dinner, the Chancellor of the High Court was handing down judgment in the case of Phillips and Goddard v Francis and Francis, a decision that has caused quite a stir in the … Continue reading
Channel 4 Dispatches : The Truth About Leaseholds (#PropertyNightmare)
Last night on Channel 4, Morland Sanders took a quick 30 minute look at some of the worst excesses of the leasehold property system. What did we learn from his brief sojourn into the world of residential landlord and tenant … Continue reading
Section 60 costs – the great imbalance
With more and more leasehold bloggers popping up and writing about recent case law, I thought I would try and be inventive and write about something that I have recent experience of instead. When extending a lease under the Leasehold … Continue reading
