Parkes v Wilkes – on whether there was common intention under a trust of a freehold reversion that the trustees would grant lease extensions at a peppercorn rent to a residential leaseholder.
For more information see the England and Wales High Court (Chancery Division) Decisions.
In response to a consultation on houses in multiple occupation and residential property licensing reforms, the Department for Communities and Local Government states that, subject to parliamentary clearance, landlords renting properties in England occupied by five or more people, from two or more separate households will need to be licensed.
For more information see ‘Houses in Multiple Occupation and residential property licencing reforms‘ from the Department for Communities and Local Government.
In a landmark leasehold reform case, the Court of Appeal has rejected the tenants’ grounds for appeal and ruled in favour of the freeholder on the matter of lease extension costs.
In response to the consultation on tackling unfair practices in the leasehold market, the Department for Communities and Local Government sets out new measures, including a ban on leaseholds for almost all new build houses. Changes will also be made so that ground rents on new long leases – for both houses and flats – are set to zero and it will be made cheaper and easier for existing leaseholders to buy-out their freehold.
For more information see ‘Tackling unfair practices in the leasehold market‘ from the Department for Communities and Local Government.
Proxima GR Properties Ltd v Spencer (UT) – concerning the premiums payable for three new lease claims, in particular the amount payable in respect of ground rent where a rent review was due in 2005 but the new rent was not determined until 2016 – considers the legal effect of letters sent by the leaseholder in 2010 which set a deadline for the rent review, and whether they had made time of the essence for the rent review.
For more information see the UK Upper Tribunal (Lands Chamber).
A notice under the Law of Property Act 1925 s.146 could only be validly served if a right of re-entry to leasehold premises had arisen through a particular breach under the provisions of the lease having occurred. There was no authority for the proposition that a s.146 notice could be served before the relevant right to re-entry had occurred, on the basis of an anticipated breach.
For more information see the England and Wales High Court (Queen’s Bench Division) Decisions.
This article reviews the following case: Upper Tribunal (Lands Chamber) – Leaseholders of Foundling Court and O’Donnell Court v The Mayor and Burgesses of the London Borough of Camden and Others, 25th July 2016 ( UKUT 0366 (LC)).
In a landmark decision, the Court of Appeal has declared that RTM companies can only acquire the right to manage one building at a time.
Sections 47(1) and 47(2) of the Landlord and Tenant Act 1987 (the 1987 Act) require service charge demands to contain the landlord’s name and address.
A dispute arose recently out of the design and construction of the Rolls Building, the sparkly new-ish home to the Technology and Construction Court. So, perhaps uniquely, the Court heard a dispute about the Court housing the trial.