Renters’ (Reform) Bill aims to protect both tenants and landlords
June 21st 2023The government has outlined its Renters (Reform) Bill, which it says will strike a balance between protecting both landlords and tenants. Natalie Tatton Solicitor in our dispute team provides an update. It says that eleven million tenants will benefit from safer, fairer and higher quality homes and over two million landlords will find it easier to recover their properties when necessary. Landlords will be able to sell their property if they want to,…
Court clarifies law on service charges as tenants lose appeal
May 26th 2023The Supreme Court has dismissed an appeal by tenants against rises in service charges and clarified how the law should be applied under the Landlord and Tenant Act 1985 (the Act). Natalie Tatton Solicitor in our dispute team reports on this recent case. The tenants occupied residential units within a block of flats. Under the terms of each lease, the tenants were required to pay a service charge (comprising a share of insurance,…
Business granted new tenancy despite opposition from landlord
April 20th 2023A recent case involving Gill v Lees News Ltd highlights the granting of a new tenancy to a business despite opposition from the landlord due to breaches of the tenancy agreement. Stephanie Johnson, Senior Associate Solicitor, provides a report on this case. The landlord opposed the tenant’s application for a new tenancy based on disrepair, rent arrears, other breaches of the agreement, and an intention to redevelop the premises. In…
Who pays for repairs when one man’s roof is another man’s floor
March 3rd 2023A judge has settled the tricky question of who pays for repairs when one leaseholder’s floor is another leaseholder’s roof. Natalie Tatton Solicitor in our dispute team reports on this recent case. The case involved two maisonettes contained in a house belonging to two freeholders, who leased them in 1980. The ground-floor maisonette had been extended to provide an additional room beyond the kitchen. The roof of the extension served as a balcony…
Landlord’s notice to quit ruled invalid over identity issue
February 3rd 2023A landlord’s notice to quit has been ruled invalid because, although it was delivered to the correct address, it incorrectly identified an individual as the tenant instead of his company. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved Thomas and Turner. Mr Thomas had been granted a tenancy of an agricultural holding. He then assigned it to his company, OG Thomas Amaethyddiaeth CYF, without informing…
Tenant not liable after sub-tenant unlawfully evicted by landlord
September 20th 2022The High Court has overturned a decision that a tenant was liable to pay damages to his sub-tenant after she was unlawfully evicted by the property owner. Natalie Tatton, Solicitor in our dispute team provides an update. Mr Brem rented a hairdressing salon from the property owner Mr Marchant, with the agreement that he could also make use of the flat upstairs. Brem sub-let the flat to a member of his salon staff,…
Landlord cannot demand payment of service charges out of time
October 25th 2021A landlord could not get round the requirement to make a “demand for payment of the service charge” within the 18-month time limit specified in law. Natalie Tatton Solicitor reports on this recent case. That was the ruling of the Court of Appeal in a case involving a landlord that held the head lease of the residential parts of a large mixed-use development. Several residential flats in the building were let…
Appeal Court considers whether external doors are landlords’ fixtures
October 6th 2021The Court of Appeal has clarified whether external doors are landlords’ fixtures and so subject to landlord control. Natalie Tatton Solicitor reports on this recent case. The case involved a tenant who was the registered proprietor of two long-leasehold flats with terms of 999 years. The leases included a covenant by the tenant at cl.3(4) not to “remove any of the landlord’s fixtures” without first having made a written application…
Damage to premises did not invalidate break clause in lease
September 27th 2021The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. Stephanie Johnson Senior Associate Solicitor reports on this recent case The break clause provided that the tenant could terminate the lease if it gave “vacant possession of the Premises to the Landlord” on the relevant break date. The lease defined the “Premises” to…
Landlord loses service charge appeal after failing to consult tenants
September 15th 2021A landlord has lost its appeal against a decision that it could not impose service charges for certain works because it had failed to consult tenants properly. Natalie Tatton Solicitor reports on this recent case. The landlord owned several flats let on long leases. It carried out various works to the flats and, in 2017, sought to recover the cost from the lessees through the service charge. It applied to…
