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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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...
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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...
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
The position in respect of recoverability of service charges in relation to residential property is governed by statute—sections 18–25 of the Landlord...
In this Q&A there are no section 20B Landlord and Tenant Act 1985 (LTA 1985) issues as notices have previously been served. The Q&A considers whether...
There are statutory limitations on forfeiture of long residential leases, ie under section 81 of the Housing Act 1996, the landlord cannot forfeit for...
Under paragraph 20(8) of previous Electronic Communications Code, set out in Schedule 2 to the Telecommunications Act 1984 (the ‘Previous Code’) (see...
Landlord and Tenant Act 1985, s 18 (LTA 1985) defines a service charge as 'an amount payable by a tenant of a [dwelling] as part of or in addition to...
Part 1 of the Tribunals, Courts and Enforcement Act 2007 established a new tribunal structure comprising a First-tier Tribunal and an Upper Tribunal....
Service chargesUnder section 21B of the Landlord and Tenant Act 1985 (LTA 1985), a demand for the payment of a service charge must be accompanied by a...
The law requires that leaseholders paying variable service charges must be consulted before a landlord carries out qualifying works or enters into a...
The right to manage (RTM) allows some leasehold property owners to take over management of the building, even without the agreement of the landlord,...
In the case of commercial premises, the protection afforded to residential tenants by the Landlord and Tenant Act 1985 (LTA 1985) will not apply. As...
The terms of the lease are the first place to start to determine liabilities and obligations of the landlord and the leaseholder. Usually leaseholders...
The management company may in fact be the freeholder or head lessee. This is often the case where there has been collective enfranchisement or in new...
There does not appear to be any statutory provision in respect of where exactly a landlord should serve a service charge demand. Thus, the first point...