Actions in TrespassThe case of Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013] EWCA Civ 1308 concerned the unlawful installation by the tenant of air conditioning … [Read more...]
Recovery of Service Charges and Major Works Charges
The High Court caused controversy in December 2012 when handing down a judgment in the case of Phillips –v- Francis [2012] EWHC 3650 (Ch D) which had far reaching effects for landlords and … [Read more...]
Service Charges – when is a cost a cost?
A landlord cannot recover service charges incurred more than 18 months before they are demanded, unless a section 20B notice is served.The case of Brent London Borough Council v Shulem B Association … [Read more...]
Service Charges – Recovery by landlord who fails to serve a section 20 notice
In addition to provisions within the lease, section 20 of the Landlord and Tenant Act 1985 (as amended) require certain notices to be served before a landlord can recover the costs of qualifying works … [Read more...]
Agreements to Purchase Property Jointly, Gone Wrong
Purchasing property is an area which generates a lot of litigation and court disputes, simply because property assets tend to have bound up in them a high percentage, or in some cases, all of an … [Read more...]
Qualifying for Collective Enfranchisement/The Right to Buy a Freehold
As the demand for housing in London and the suburbs increases, leasehold flats and conversions into maisonettes, are becoming increasingly popular. When purchasing flats on a long lease, an … [Read more...]
Service and Major Works Charges Consultation Requirements
In most leases there are provisions for the landlord to recover service charges or charges for major works against their tenant. When seeking to recover these costs; section 20 of the Landlord and … [Read more...]
Tenancy Deposits
The 6th April 2007 saw the implementation of statutory requirements for a landlord to protect a tenancy deposit and serve “Prescribed Information”. There have already been many cases … [Read more...]
Section 21 Notices – The importance of getting the date right
Section 21 of the Housing Act 1988 (as amended) allows landlords of an assured shorthold tenancy to seek lawful possession of their rented residential property after the expiry of the fixed tenancy … [Read more...]
Section 21 Orders for Possession and Human Rights
In the recent case of Ismail and another v Genesis Housing Association [2012] EWHC (QB) the High Court decided that a defence based upon “human rights” would not assist affordable housing … [Read more...]