Q&As

Are there any special rules affecting the landlord, where one of the long leaseholders in a residential block has acquired the freehold and now wants to seek payment of arrears of ground rent from another leaseholder for a period during which he was in fact a tenant (ie before he bought the freehold)?

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Published on LexisPSL on 02/09/2016

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Are there any special rules affecting the landlord, where one of the long leaseholders in a residential block has acquired the freehold and now wants to seek payment of arrears of ground rent from another leaseholder for a period during which he was in fact a tenant (ie before he bought the freehold)?

Are there any special rules affecting the landlord, where one of the long leaseholders in a residential block has acquired the freehold and now wants to seek payment of arrears of ground rent from another leaseholder for a period during which he was in fact a tenant (ie before he bought the freehold)?

This Q&A raises the issue of the extent to which a person who takes an assignment of the reversion to a residential lease is able to recover rent which fell due before the date upon which it takes effect.

Upon notice of assignment of the reversion being given to the tenant, then in the case of leases granted before 1 January 1996, the assignee is entitled to the payment of rent falling due in the future under section 141 of Law of Property Act 1925 (LPA 1925). The assignee is also able to claim arrears of rent which fell due prior to the assignment, the landlord who effects the assignment losing that right once it takes effect: re King. In the case of a lease granted after 1 January 1996, being the date when the Landlord and

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