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Landlord and Tenant News

Tenant Entitled to be Reimbursed for Overpaid Rent

Written on May 22, 2013 at 8:44 am

In circumstances where a tenant of commercial property paid a full quarter’s rent notwithstanding that the lease was terminated pursuant to a break clause midway through that quarter, the tenant was entitled to reimbursement of rent in respect of the period when it was no longer in occupation of the premises. Marks and Spencer Plc.… Read More »

Empty Properties Charity Refused Business Rates Relief

Written on May 15, 2013 at 12:07 pm

In a test case decision which draws a clear distinction between the ‘occupation’ and ‘use’ of commercial property, the High Court has ruled that a charity which leased empty buildings nationwide at peppercorn rents, installing broadband boxes within them to transmit public safety messages to the public, was not entitled to relief from non-domestic rates.… Read More »

Court Limits Protection Against ‘Stale’ Service Charge Demands

Written on May 10, 2013 at 7:45 am

In a case where a flat tenant objected to being charged for gas supplies up to seven years in arrears, the High Court has ruled that, on a correct interpretation of section 20B of the Landlord and Tenant Act 1985, utility costs are ‘incurred’ not upon supply of services but when payment is demanded or made.… Read More »

Enforcement Notices Can Only Demand the Minimum

Written on May 9, 2013 at 8:15 am

In the context of a planning dispute in respect of the unauthorised conversion of a single dwelling house into three self-contained flats, the High Court has emphasised that enforcement notices must demand no more than the minimum action required to ensure compliance with planning control. An enforcement notice had required restoration of a property to… Read More »

Pregnant Nuisance Neighbour Sentence Cut

Written on May 9, 2013 at 6:17 am

In a case of interest to local authorities and social landlords, the Court of Appeal has ruled that a 12-month prison sentence imposed on a pregnant tower block resident who persistently caused a nuisance to her neighbours in breach of an anti-social behaviour injunction was excessive. The woman had annoyed fellow residents by her constant… Read More »

Flat with Shop Underneath is not ‘A House’

Written on May 7, 2013 at 7:17 am

In an important ruling for landlords and tenants, the court of appeal has decided that a shop with a flat above it could not reasonably be described as ‘a house’ within the meaning of the enfranchisement provisions of the Leasehold Reform Act 1967. The decision scotched the flat dwellers’ hopes of acquiring the building’s freehold.… Read More »

‘Unimpressive’ Agricultural Tenancy Arbitration Upheld

Written on May 2, 2013 at 11:27 am

In the context of a landlord and tenant dispute in respect of an agricultural tenancy, a professional arbitrator’s ‘unimpressive’ reasoning was ‘just about enough’ to enable the parties to understand his decision and to avoid substantial injustice to either party, the High Court has ruled. The tenant had succeeded to the tenancy of a 605-acre… Read More »

Shared Ownership Tenants Win Commonhold Rights

Written on April 29, 2013 at 6:49 am

Shared ownership tenants who do not own 100% of their homes can nevertheless fully participate in the acquisition of rights of management under the Commonhold and Leasehold Reform Act 2002. The Upper Tribunal (UT) ruled that, on a correct interpretation of the act, shared ownership interests should be viewed as long leases if granted for… Read More »

Landlords Beware as HMRC Change Rules

Written on April 19, 2013 at 12:21 pm

If you are a landlord offering longer-term lettings or furnished holiday lettings, you should be aware of the revised guidance contained in HM Revenue and Customs’ leaflets BIM46900 and (furnished holiday letting only) PIM3200. The guidance alters the tax treatment of different sorts of maintenance/repair expenditure. View the guidance.

Landlord Fined for Breach of Gas Safety Regulations

Written on April 5, 2013 at 7:17 am

Landlords have a statutory obligation under the Gas Safety (Installation and Use) Regulations 1998 to maintain gas appliances in their property. They are required by law to arrange for a Gas Safe registered engineer to check all flues and gas appliances within 12 months of their installation and at least once in every 12-month period… Read More »

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