The Practical Lawyer

Landlord and tenant – residential

Enfranchisement - non-residential adjoining land

There is no right to enfranchise a 'house' if the freeholder owns adjoining non-residential land. In a recent case, there was a house with large gardens, situated in an even larger park.

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Right to manage - shared access

How do the right to manage provisions apply when the flats share access with other land owned by L?

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Service charges - consultation error

Traditionally, the courts have been very hard on Ls who fail to follow the strict requirements of the service charge consultation provisions (under s20 LTA 1985). This has been particularly so when dealing with large corporate or public Ls.

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Right to Manage - invalid notice

A Right to Manage company wanted to take over the management of the building and served notice on L (Commonhold & Leasehold Reform Act 2002). But, the wrong registered address was given on the form. Was it a valid notice?

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Long lease - satellite dish?

The problem of installing external equipment is sometimes overlooked in residential leases.

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Tenancy deposit - schemes

This table summarises the tenancy deposit schemes available. Needless to say, however, the CA has, in the last year, emasculated the tenancy deposit provisions by holding that:

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'Structure' - plaster?

Earlier this year, the CA reached an important decision on whether or not plaster comes within the scope of L's obligation to keep in repair the structure and exterior (s11 LTA 1985).

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Service charges - update

A round-up of three recent (but unrelated) service charge decisions:

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Service charges - the basics

There have been several important cases where Ls have fallen foul of the detailed service charge provisions in LTA 1985. Certainly, the rules can be complex, but in many instances all that is needed is:

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Bankruptcy - order for possession

Once a person is made bankrupt, no 'remedy' in respect of that debt can be made against the bankrupt's property other than under the provisions of IA 1986. Several residential Ts have argued that if L is seeking possession on the ground of rent arrears, then that will be in breach of IA 1986 (as being a 'remedy in respect of the debt'). However, the CA has dismissed such arguments, despite the fact that the rent arrears will be provable in the bankruptcy proceedings.

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