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Procedural Failure Means Court of Appeal Hearing for RTM Company

The Commonhold and Leasehold Reform Act 2002 gives tenants of qualifying premises the right to have the landlord's management functions transferred to a right to manage (RTM) company so that they can take responsibility for managing their premises. The...

Annoyed With a Tenant? Don't Take the Law Into Your Own Hands!

The law protects tenants against mistreatment and landlords who ignore their tenants' rights are courting disaster. In one case that strikingly proved the point , a landlord who unlawfully entered his tenant's bedsit and threw out his possessions ended up...

Restrictive Covenant Modification Enables Home Development

Restrictive covenants often date back many years and a delicate balance sometimes has to be struck between their enforcement and the public interest in efficient use of the increasingly scarce supply of suitable land. In a recent case, the Upper Tribunal...

Council Obliged to Give Reasons for Approving Stadium Development

There is no statutory requirement for local authorities to give reasons for granting planning consent. However, an important Court of Appeal case concerning a football club's controversial plans to build a new stadium in the Green Belt showed that there is...

Penal Landlord and Tenant Agreement Struck Down by High Court

Penal contractual terms that seek to impose exorbitant or unconscionable obligations are generally not worth the paper they are written on. The High Court found one such term unenforceable in the context of a side letter to a retail lease. A tenant had...

Can't Agree a Commercial Rent? Court Steps In

Calculation of commercial rents is more of an art than a science and disputes are sadly common. However, as one case involving a Polish-themed bar in Central London showed, judges are always there to promote peace if negotiations fail. Following the grant...

Landlord Repairs Must Be Reasonable, Not Most Economical

A long leasehold tenant has had mixed fortunes in opposing a charge for more than £55,000 after her council landlord undertook a major programme of repairs to the block in which she lives. Under the terms of her lease, the council was required to keep...

Ignore the Planners and See What Happens

A landlord who decided to go ahead with a property development after the planners had turned it down ended up significantly worse off after he was successfully prosecuted. Having had his application to turn his existing property into nine flats rejected,...

Corner Shops Under Residential Development Pressure

Convenience stores are a common sight on urban street corners and provide a much valued service, but they are vulnerable given the ever increasing demand for more new homes. In one case, a shopkeeper failed in a High Court bid to overturn prior approval to...

Doing a Deal? Professional Drafting Avoids Costly Ambiguity!

There is little point in agreeing to settle a legal dispute if the wording of the deal is so ambiguous that it simply creates further scope for disagreement. In one High Court case that illustrated the need for clear professional drafting , both sides in a...
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