14 July 2011 | Stephen Carew
(1) Hertfordshire County Council (2) North Hertfordshire District Council v Secretary of State for Communities & Local Government
This is an important decision for local people affecting a proposed...
Tags on this discussion: development plans Hertfordshire local government new homes Planning planning permission planning policy renewable energy residential property Schools Stevenage undertakings
14 July 2011 | Stephen Carew
Background
Any conditions attached to a lease break clause must have been satisfied before one can successfully break a lease. As seen in various cases, such conditions will be strictly construed.
NYK...
Tags on this discussion: break clauses Business tenancies Commercial Property Ibrend Landlord Leases NYK Logistics occupation tenant vacant possession waiver
14 July 2011 | Stephen Carew
Paddico (267) Ltd v Kirklees Metropolitan Council (1) William John Magee & Thomas Michael Courtney Hardy (2011)
The respondents in this case, on behalf of Clayton Fields Action Group, successfully...
Tags on this discussion: Clayton Fields Commons Registration Act Kirklees Paddico rectification registration village green
20 April 2011 | Stephen Carew
A local authority is only able to take planning enforcement action if such action is taken within the relevant time limits, otherwise the right is lost. The relevant time periods are:
Four years (from...
Tags on this discussion: barns certificates of lawful use change of use deception enforcement houses local authorities planning control planning permission public policy time limits Town and Country Planning Act 1990
20 April 2011 | Stephen Carew
The landlord, as the freeholder of a block of flats and shops, gave notice to the leaseholders of the flats of its intention to carry out works amounting to £270,000. The tenants applied to the Leasehold...
Tags on this discussion: Benson consultation Daejan Investments freeholder Landlord landlord and tenant Landlords' duties leaseholder non-compliance prejudice service charges Service Charges (Consultation Requirements) (England) Regulations 2003 tenant tenants' rights
19 April 2011 | Stephen Carew
Wimpey Homes and Gloucester Housing Association applied to the Lands Tribunal to modify a restrictive covenant under section 84(1)(aa) of the Law of Property Act 1925 (LPA 1925).
The covenant stated...
Tags on this discussion: developers development George Wimpey Gloucestershire Housing Association Planning planning permission residential property restrictive covenant
12 January 2011 | Stephen Carew
In K/S Victoria Street v House of Fraser (Stores Management) Ltd (2010) PLSCS 278, the High Court has recently held that an agreement that required the tenant's guarantor to guarantee the assignee's obligations,...
Tags on this discussion: Alienation assignment Business tenancies Good Harvest House of Fraser Intra-group transfers K/S Victoria Street Landlord Leases Restrictions tenant
12 January 2011 | Stephen Carew
Residential landlords will no doubt be aware of the provisions of the Housing Act 2004 (“HA”), particularly in relation to the requirement to ensure that any deposit paid by a tenant under an Assured...
Tags on this discussion: Assured Shorthold Tenancy honeysuckle Landlord Landlords' duties Tenancy deposit schemes tenant tiensia time limit vision enterprises
12 January 2011 | Stephen Carew
The Leasehold Reform, Housing and Urban Development Act 1993 (“LRHUDA 1993”), as amended by the Commonhold and Leasehold Reform Act 2002, allows qualifying tenants in relevant premises the right of...
Tags on this discussion: Acquisition of property Cadogan Common parts enfranchisement Housing and Urban Development Act 1993 Leasehold Reform Leases Panagopoulos
22 October 2010 | Stephen Carew
R (Goremsandu) v London Borough of Harrow [2010] EWHC 1873 (Admin)
This case revolves around a landlord’s liability for council tax where the property is a House in Multiple Occupation (HMO), and...
Tags on this discussion: council tax HMO houses in multiple occupation Landlord landlord & tenant local government shorthold tenancy tenant
