News and Articles

Provisions in residential leases enabling landlords to determine each tenant’s service charge proportion may be void.

Provisions in residential leases enabling landlords to determine each tenant’s service charge proportion may be void.

Nicholas Dowding QC practises at Falcon Chambers, specialising in the law of landlord and tenant, and he is regarded as one of the ablest and most sought-after silks in this field. H

Failure to highlight a property price discrepancy may cost solicitors dearly.

1. In negotiations or proceedings for the renewal of a lease, parties often focus on the level of rent, the length of the new term, break options, rent review provisions and what “reasonable modernisation” entails. The extent of the demised premises and the treatment of fixtures installed during the previous terms(s) are not usually in the spotlight. In this short article the question is posed as to whether greater care needs to be given to the treatment of fixtures added during the earlier term: is there a real risk that tenants may inadvertently lose their right to remove their fixtures at the expiry of the new lease (or that landlords may inadvertently become burdened at the end of the term with fixtures that they did not bargain for and have to pay to be removed)?

The new law on criminal trespass has produced a significant body of interest regarding its interplay with squatter’s rights including applications by squatters for registration under Schedule 6 of the Land Registration Act 2002; the focus of this article.

When a landlord retains a flat in a block which is subject to a collective enfranchisement claim, it can claim a leaseback of it. However, unless the landlord is a local authority or housing association, the landlord must make sure that a leaseback is proposed in its counter-notice otherwise the right will be lost.

Are they worth the effort? Action, Inaction and all kinds of endeavours in a conditional contract

James Burton is a barrister practising from Thirty Nine Essex Street Chambers. He specialises in planning, environmental and related work.

Why, How and When Should a Tenant Reinstate Alterations and What are the Damages if the Tenant Defaults?