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Use of Flats - Business use, Airbnb and the case of Triplerose Ltd v Beattie and another [2020] UKUT 180 (LC)

The decisions of the Court and the Tribunal in relation to short term lettings offered by services such as Airbnb and numerous others now number many. Most practitioners, us included, will refer to favourites such as the unfortunate Mrs Nemcova and the successful Bermondsey Exchange Freeholders…

FTT accepts £1.2m flat used as a brothel, but was the lessee in breach?

Some of you may have already read about the case of Marchiteli -v- 15 Westgate Terrace Limited (2020) UKUT 192 (LC) in the press. This is the case in which the First Tier Tribunal (FTT) found that the £1.2m flat owned by Ms Marchiteli (a solicitor) in Chelsea had been used as a brothel. Ms M…

Upper Tribunal considers whether flat door is a ‘landlord’s fixture’

We are increasingly being asked by landlords and management companies ‘who owns, and who has responsibility for, flat entrance doors?’, particularly where upgrades to fire compliant doors are required. Whilst the new Fire Safety Bill , which had its second reading in the House of Lords on 01…

Can I install a door bell camera at my flat?

The benefit of new technology is whizzy gadgets that make our day to day life easier. One of those is camera door phones enabling you to see and answer the door of your property to callers even when you are not home. Many home owners are installing such gadgets but, if you own a flat, can you just…

Liability for structural defects

Defects in design, installation or construction can lead to significant and costly problems for landlords and leaseholders later on, particularly when it comes to the question of liability for the cost of remedial works. The starting point, as always, is the terms of the lease, which set out what…

Common sense and ‘refusal’ to provide access

Common sense is a funny thing as it is always more obvious to see in hindsight. The following case is probably a prime example of exactly that, and we highlight it here as it relates to a fairly common problem of the need to obtain access to a lessee’s flat for the purposes of inspecting. The case…

Overlooking - it may be annoying, but it’s not a nuisance!

The case of Fearn -v- The Board of Trustees of the Tate Gallery [2020] is one which you may already be aware of or may have recently seen mentioned in the news. This case relates to an application by some leaseholders of the Neo Bankside development (Bankside), situated directly opposite the Tate…

When two become one - How to apply the Right To Manage Claim “Qualifying Premises” test to houses in a terrace that have been converted into flats

Following the outcome of the recent appeal in the Upper Tribunal (Lands Chamber) in Assethold Limited v. Eveline Road RTM Company Limited (“Assethold”), this Legal Update looks at how the right to manage (“RTM”) provisions of the Commonhold & Leasehold Reform Act 2002 (“CLRA”) are to be applied to…

You really must comply with the lease !

The title of this week’s Legal Update should come as no surprise to those of you responsible for the management of flats or developments. The following case of Wigmore Homes (UK) Limited -v- Spembly Works Residents Association Limited , resolved recently on appeal to the Upper Tribunal (“UT”),…

Service of demands

Today we focus on the recently appealed case of 38/41 CHG Residents Company Ltd v Hyslop [2020]UKUT 21 (LC), an interesting case concerned with whether a leaseholder’s bare denial of receiving service charge demands is enough to avoid liability for service charges. Background The appellant (the…

January 2021 Fire Safety Updates

Hardly a week had passed since our round-up on fire and building safety measures back in December ( see here ), before the Government made yet further announcements to provide further support for residential leaseholders faced with the costs of dealing with unsafe cladding systems. Extension to…

AirBnB Lettings - Permitted or Not?

As the presence of AirBnB and other similar short term letting agencies continue to grow rapidly across the country and specifically in London, we are being asked this question on a very regular basis. So, can the owner of a flat let it on short term agreements throughout the year without being in…