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Landlord and Tenant News

Flat Tenants’ Rights of Self-Determination Boosted

Written on January 9, 2014 at 7:00 am

In a significant boost to the rights of flat tenants who want to take control of their own homes, the Upper Tribunal (UT) has ruled that a single ‘Right to Manage’ (RTM) company can validly exercise rights to take over management of more than one building and that separate applications are not required. Two RTM… Read More »

Tenant Pays £1.3 Million Price of Breaching Repair Obligations

Written on December 17, 2013 at 7:00 am

In a striking cautionary tale for occupiers of commercial property, the tenants of a Central London office block who left it in a very poor state of repair when they moved out have been landed with a £1.3 million bill for the repairs and renovations needed to put the premises back into a condition suitable… Read More »

Judge Over-Stepped Mark in Consulting Medical Dictionary

Written on December 10, 2013 at 7:00 am

A nuisance neighbour who was found to be disabled after a district judge consulted his medical dictionary and declared himself ‘quite satisfied’ that he had Asperger’s Syndrome – despite a near-complete absence of evidence to that effect – has been hit with an anti-social behaviour injunction (ASBI) by the Court of Appeal. The district judge… Read More »

Court Steps In to Save Widow from Eviction

Written on November 19, 2013 at 7:00 am

In a ringing example of the law stepping in to soften the sharp edges of bureaucracy, a local authority has been criticised by the Court of Appeal for its attempts to evict a young widow from the home she shared with her husband, who hanged himself. The widow still lived with the memory of finding… Read More »

Court Guidance on Damages in Trespass Cases

Written on November 11, 2013 at 7:00 am

In a protracted landlord and tenant dispute in respect of air conditioner units placed on the roof of a smart residential block without permission, the Court of Appeal has cleared up an anomaly in the law by ruling that aggravated damages for trespass cannot be recovered by a limited company. The tenant of two flats… Read More »

Council Embroiled in £14.4 Million Football Stadium Saga

Written on November 5, 2013 at 12:14 pm

In a case which raises novel issues on the extent of local authority powers to involve themselves in commercial matters outside the scope of traditional public services, the owners of Coventry City Football Club are seeking a judicial review of the City Council’s decision to bail out the operators of the town’s Ricoh Arena with… Read More »

Doctors at War Over Medical Centre Tenancy

Written on October 30, 2013 at 5:39 pm

A Court of Appeal ruling has opened a new chapter in a bitter landlord and tenant dispute between two doctors whose partnership collapsed after they fell out and who have since lavished more than £100,000 in legal costs arguing over which of them has the right to occupy their former premises. The medics had worked… Read More »

When is an RTM Company not an RTM Company?

Written on October 23, 2013 at 7:37 am

In a clear illustration of the grave consequences that can arise from apparently trivial legal mistakes, flat dwellers’ hopes of taking over management of their block were almost stymied by their failure to include the letters ‘RTM’ as part of the name of the corporate vehicle that they set up for the purpose. In christening… Read More »

Court Pleads for an End to South Bank Saga

Written on October 22, 2013 at 7:37 am

An artist who for decades has exhibited his work on an assortment of historic barges on the south bank of the Thames is facing eviction after the High Court pleaded for an end to a legal saga that has seen land owners and the Port of London Authority (PLA) spend millions in an epic struggle… Read More »

Flat Dwellers Entitled to Prefer Owner/Occupier Neighbours

Written on October 18, 2013 at 8:41 am

In emphasising that it is reasonable for flat dwellers to prefer that their neighbours be owner/occupiers, rather than short-term tenants, the Upper Tribunal has refused to amend a provision in a lease which restricted the use of residential premises to the long leaseholder and his family. The flat, which was held under a 90-year lease… Read More »