Collective enfranchisement

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Collective enfranchisement content

Practice notes
Need for binding contractAlthough the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) treats the reversioner and the nominee...
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15th Jan
Practice notes
Participating tenantsUnder section 14(2) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), if a participating tenant...
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15th Jan
Practice notes
The right provided by the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993) is for the enforced sale of the freehold of the...
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15th Jan
Practice notes
Marriage value and hope value‘Marriage value’ is the increase in value that occurs where a tenant acquires the freehold, as a result of which the full...
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15th Jan
Practice notes
Subject to various qualifying criteria, tenants who hold long leases of flats have a collective right under section 1 of the Leasehold Reform, Housing...
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15th Jan
Practice notes
Mandatory and optional leasebacksThe nature of the collective right of enfranchisement is such that it may be exercised in relation to premises...
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15th Jan
Practice notes
Subject to various qualifying criteria, tenants who hold long leases of flats have a collective right under the Leasehold Reform, Housing and Urban...
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15th Jan
Practice notes
The initial notice served under Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), s 13 (initial notice) triggers the statutory...
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15th Jan
Practice notes
The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) sets down the elements of the freeholder’s costs that can be recovered from...
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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15th Jan
Q&As
The reversioner to whom the initial notice is addressed is given a wide power to act on behalf of other freeholders and/or intermediate landlords...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan
Q&As
Chapter I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows for the collective enfranchisement by qualifying...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
Section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) is concerned with the giving of notice by qualifying tenants...
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Produced in partnership with Chris Snell of No 5 Chambers 8th Jan
Q&As
For the purposes of this Q&A we have focused on the nature and extent of the provision of section 178 of the Housing Act 1985 (HA 1985) which applies...
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Produced in partnership with Elizabeth England of 42 Bedford Row 8th Jan
Q&As
The terms of acquisition on a collective enfranchisement claim are partly statutory and partly subject to agreement between the parties.Schedule 7 of...
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Produced in partnership with Elizabeth England of 42 Bedford Row 8th Jan
Q&As
You may wish to continue to hold it as stakeholder. As a stakeholder, you are holding the deposit to the order of both the landlord and tenant and...
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Produced in partnership with Carl Fain of Tanfield Chambers 8th Jan

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