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Landlord and Tenant News

Inconsiderate Flat Owner Pays Price for Disturbing Neighbours

Written on April 16, 2014 at 6:00 am

It is well known that flat dwelling is not always free from strife, but few disagreements are likely to be as bitter as that between neighbours in a Central London apartment block after one of them carried out radical alterations which caused extensive damage to the flat upstairs. The owner of the downstairs apartment (flat… Read More »

Commercial Tenants Beware! – Formalities Do Matter

Written on April 14, 2014 at 6:00 am

All landlords and tenants would be wise to take note of a Court of Appeal case in which a commercial tenant lost a valuable opportunity to exercise a break clause due to its failure to follow to the letter the formalities prescribed by the lease. The lease dictated that the break clause could only be… Read More »

Landlords of Premises in Multiple Occupation Take Note!

Written on March 28, 2014 at 7:00 am

Every landlord of premises in multiple occupation who wishes to escape potential criminal prosecution would be wise to take note of an unusual High Court ruling which once and for all defines what is, and is not, a ‘storey’ in a building. A landlord had been prosecuted by a local authority for allegedly failing to… Read More »

Leases Are Not ‘Pick and Mix’ Documents but Binding Contracts

Written on March 26, 2014 at 7:00 am

In a case which underlined that leases are not ‘pick and mix’ documents, but binding contracts in their entirety, a landlord came within an ace of missing out on four years’ worth of service charges after demands for payment were served on the tenant of a flat by ordinary post, rather than by registered or… Read More »

What Happens When a Tenant Stays On After Lease Expires?

Written on March 25, 2014 at 7:00 am

In tackling the often thorny problem of distinguishing between tenancies at will and protected periodic tenancies, the Court of Appeal has ruled that a tenant who stayed on after the expiry of his lease was not obliged to give six months’ notice before ceasing to pay rent on office premises. Following the end of a… Read More »

‘Nuisance’ Introductory Tenant Escapes Eviction

Written on March 13, 2014 at 7:00 am

In a stern reminder to local authorities that even introductory tenants have rights, a council has suffered costly defeat in its legal campaign to evict an alleged nuisance tenant who had mental health problems and whose ability to read and write was in doubt. Almost immediately after the man moved into a council flat on… Read More »

Court Considers Leasehold Interests in Empty Air Space

Written on March 12, 2014 at 7:00 am

In a case which involved an interesting analysis of leasehold interests in empty air space, the High Court has stymied a developer’s controversial plans to build flats above two garage blocks, many of the tenants of which objected to the proposals. The garages were held under 999-year leases. The freeholder of the premises had granted… Read More »

Ruling Underlines Impact of Recession on Commercial Rents

Written on February 26, 2014 at 7:00 am

In a case which illustrated the impact of years of recession on commercial rents in some parts of the country, the High Court has rejected tenants’ arguments that they should have their rent on shop premises reduced to levels that were first agreed in the 1960s. The shop was first let by Oswestry Town Council… Read More »

‘Heap of Rubble’ Triggered Commercial Tenancy Dispute

Written on January 31, 2014 at 7:00 am

In a case which gives guidance on the duties of commercial landlords to maintain the appearance of demised premises, a self-storage company which complained that its customers were being put off by the presence of an unsightly heap of rubble has failed in a bid for damages of more than £30,000. The company argued that… Read More »

‘Vindictive’ Council Refused to Renew Solicitor’s Lease

Written on January 28, 2014 at 7:00 am

A council has been heavily criticised by a judge for its ‘vindictive’ attempt to ‘punish’ a solicitor whom it viewed as a costly thorn in its side. Joanna Trafford had represented a number of alleged tripping accident victims in damages claims against Blackpool Borough Council – which ‘retaliated’ by refusing to renew her office lease.… Read More »