Tag Archives: landlord

Proposed changes to permitted development rights and use classes – impact on developers and landlords

Authors: Fiona Sawyer, Professional Support Lawyer,  Kate Wilson, Professional Support Lawyer and Frances Edwards, Senior Associate, Real Estate Two key themes of the Budget on 29 October 2018 were increasing the supply of housing and improving the health of high … Continue reading

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Filed under Development, Housing, Landlord and tenant, Planning

Indigestion for landlords: a new acid test for redevelopment under ground (f)

Author: Stephanie Trompeter, Senior Associate, Real Estate Disputes, London In October, we wrote about the Supreme Court case S. Franses Ltd v The Cavendish Hotel (London) Limited [2018] UKSC 62, concerning a landlord’s ability to oppose a lease renewal under the … Continue reading

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Filed under Development, Dispute resolution (property litigation), Landlord and tenant

Landlords’ motives for redevelopment – good, bad or irrelevant?

Author: Julia Tobbell, Senior Associate, Real Estate Disputes, London Today the Supreme Court will hear the case of S. Franses Ltd v The Cavendish Hotel (London) Limited, a case which property litigators have been following closely since last year. The … Continue reading

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Filed under Development, Dispute resolution (property litigation), Landlord and tenant

LANDOWNERS AND DEVELOPERS – BEWARE THE RIGHT OF FIRST REFUSAL

Author: Michael Chivers, Senior Associate, Real Estate, London Are you a landlord or developer of property which includes residential flats?  Are you going to dispose of your interest in that property?  If so, you may be obliged to offer your … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Residential leasehold – time for change?

Author: Martin Dawbney, Partner, Real Estate, London At the end of July, hard on the heels of the Housing White Paper published in February, DCLG issued a Consultation Paper on “Tackling unfair practices in the leasehold market”. If you wish … Continue reading

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Filed under Development, Housing, Investment, Landlord and tenant

Forfeiture traps for developer landlords

Author: Matthew Weal, Associate, Real Estate Dispute Resolution, London What do you do if you acquire a site containing problem tenants who may consistently be in arrears of rent or in breach of covenants under their leases?  It is understandable in these … Continue reading

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Filed under Development, Dispute resolution (property litigation), Landlord and tenant

When quiet enjoyment means just that

Author: Julian Pollock, Partner, Real Estate, London Earlier this year, the courts decided that, even if there is an express right to carry out works in a lease, a landlord cannot ride a coach and horses through a quiet enjoyment … Continue reading

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Filed under Construction and Engineering, Development, Landlord and tenant

Development – a dampener on dilapidations claims?

Author: Julia Tobbell, Senior Associate, Real Estate Dispute Resolution, London Whilst a developer is in the early stages of planning and finance, it may be happy to leave the current tenants in situ to generate a little extra income before … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Lease Renewals: Landlord & Tenant Act 1954 and Ground (f): Ensure the landlord at the time of the court hearing is the entity with the intention to carry out the works!

Author: Rachel Croft, Senior Associate, Real Estate Dispute Resolution, London This post follows from our previous posts on a landlord's right to oppose a tenant's request for a lease renewal (under the Landlord and Tenant Act 1954).  Here we look at … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Tenants and prescriptive rights to light: five tips for developer landlords

Author: Matthew Weal, Associate, Real Estate Dispute Resolution, London It is of course open to landlords to grant their tenants express rights to light as leasehold easements.  Similarly, an easement of light in favour of a tenant may be implied … Continue reading

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Filed under Development, Dispute resolution (property litigation)