Landlord & Tenants Disputes – Webinar

With extensive and increasing legislation coming into force the full length webinar is a useful guide for landlords and their advisors to the law surrounding rented accommodation in England and Wales. https://www.youtube.com/watch?v=3xcv33LLuEc See the full length webinar here: https://www.mblse...

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Airbnb – Is it a Breach of Your Lease?

Nemcova v Fairfield [2016] UKUT 303 (LC) Leaseholders Beware! Airbnb is an online marketplace which allows people to list short term lettings and is becoming increasingly popular across the UK. If the property that is let is a flat that flat is almost certainly going to be held on a residential lo...

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Update regarding Tribunal Fees

On 17 December 2015 Government announced proposals to make a number of changes to application and hearing fees, which, since 25 July 2016 has been implemented. The hearing fees will be as follows: On filing an application to commence proceedings in any leasehold case or on filing an appeal or...

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Higher Rates of Stamp Duty to be Applicable to Lease Extensions

On the 1st April 2016 the Government introduced higher rates of Stamp Duty Land Tax to be levied on purchases of additional residential properties. This effectively means that unless you are buying your first property, or you are selling your main residence and buying a property that is intended to ...

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Possession – Article 8 Defence – McDonald v McDonald and others [2016] UKSC 28

In a very important decision, the Supreme Court handed down judgment on 15 June 2016. It was unanimously held that a tenant of a property owned by a private landlord could not rely upon Article 8 of the European Convention on Human Rights as a defence to possession proceedings....

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Prescribed Information invalidly executed by Landlord Company (technical defence to a section 21 possession claim)

In the case of Bali v Manaquel Company Limited (County Court at Central London (HHJ Hand QC), 15th April 2016) the tenant, Mr Bali successfully defended the landlord’s no fault based claim for possession on a technicality; because of a failure to execute the Prescribed Information in accordance wi...

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Effect of quiet enjoyment covenant on landlord’s right to build

The High Court considered whether a landlord had breached its covenant for quiet enjoyment and was in derogation from grant by the manner in which it carried out rebuilding works. In the case of Timothy Taylor Ltd v Mayfair House Corporation and another [2016] EWHC 1075 (Ch), it was held that ...

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A Landlord’s Insurance Policy – Who Really Pays for the Damage?

Ashley Wilson Solicitors LLP represented Ms Galina Golovina, the Tenant of a beautiful cottage in West Sussex, in a case which has defined the legal position should a Landlord’s insurer seek to recover payment from a Tenant in the event of property damage. Ms Golovina vacated Moat Cottage in the ...

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Buying your Freehold v Extending your Lease v Right to Manage

The world of enfranchisement can be a tricky one with a number of complicated concepts such as collective enfranchisements, lease extensions and right to manage claims set out to confuse the lay leaseholder! So, briefly, what do these concepts involve, what are the advantages and disadvantages of th...

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Lease Extensions – Why Should I Extend My Lease Now?

Once a lease term expires the freeholder is entitled to vacant possession of your Flat. However, the law allows a long leaseholder to force the freeholder to grant them a lease extension of 90 years on top of the existing term and for their ground rent to fall to nil (otherwise known as ‘a pepperc...

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