Tag Archives: tenant

RTM offer must be made to personal representatives

Posted on 10/11/2013 by

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

Posted on 13/08/2013 by

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

Posted on 04/05/2013 by

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

Posted on 17/04/2013 by

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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Daejan Investments Ltd v Benson : The last word on dispensation

Posted on 09/04/2013 by

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 →

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Daejan Investments Ltd -v- Benson: The landlord prevails…..

Posted on 06/03/2013 by

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 →

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Swindells v Ayannuga: Is substantial compliance with the tenancy deposit requirements enough?

Posted on 07/02/2013 by

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 →

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