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You really must do what the lease says. No, really, you must!

The Upper Tribunal concluded in the last few weeks an appeal from the FTT in the matter of Powell & Co Investments Ltd v Aleksandrova [2021] UKUT 10 (LC) . This is an interesting case, and another reminder of the need for a landlord or managing agent to be careful in their reading of the lease and…

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”),…

A leaseholder who is in breach of their lease makes a partial payment. Does delaying the return of that payment waive the landlord's right of forfeiture?

This Legal Update discusses the case of Tropical Zoo Ltd v Hounslow LBC [2024] EWHC 1240 (Ch) . The case relates to an appeal made by Tropical Zoo Limited, the tenant, that Hounslow LBC, the landlord, had waived their right to forfeiture as a result of acceptance, or at least a delay in returning,…

Dealing with persons other than the leaseholder

The topic of this week’s Legal Update comes at the request of one of our subscribers; namely what are the considerations when dealing with (or accepting payments from) a third party who is not the actual leaseholder or tenant of the property. This is not uncommon, and generally not problematic, but…

Do service charge accounts need to be certified?

In this week’s Legal Update we look at whether landlords and their agents should arrange for an accountant, independent or otherwise, to certify or audit a service charge account. The current standard (which must be followed by any RICS or ARMA member agent of landlord) is set within the following…

Changing tack - it does not always work in your favour!

As we all know, any leaseholder can make application under s.27A Landlord & Tenant Act 1985 to the Court or Tribunal for a determination as to whether a service charge is payable. There is, however, a caveat to that provision in the form of s.27A(4)(a) which prevents the application by the…

Coronavirus Act 2020 - What it really means for residential tenants

The Coronavirus Act 2020 (“the Act”) received Royal Assent on Wednesday, 25 March 2020 and introduced a swath of new measures to handle the COVID-19 coronavirus pandemic. This was intended to include the protections for residential tenants affected by coronavirus as pledged by the Ministry of…

Section 47 and 48: What it really requires and does your notice contain the correct address?

The requirement to provide a landlord’s name and address on legal notices such as demands and tenancy agreements is potentially a contentious issue for property managing agents and letting agents. The two main provisions that deal with this area are sections 47 and 48 of Landlord and Tenant Act…

Section 47 and 48: What it really requires?

We receive a constant stream of requests for advice on what is actually required in s.47 and s.48 notices and who is liable to provide them, when, what addresses count etc. So, to assist, we have set out here a round up of previous Legal Updates on the topic and what we hope is a helpful guide as…

25 March 2020 Demands and COVID-19 Coronavirus

Well, it just got a whole lot more serious following the Prime Minister’s address to the nation on Tuesday evening. However, how does what is occurring right now affect professional Property Managers, Landlords (“LL”), RTM Companies (“RTM”) and Management Companies (“RMC”) in the management of…

Offers to settle - to Part 36 offer or not Part 36 offer, that is the question

Here at KDL Law, we pride ourselves in trying to secure a positive outcome for our clients at the earliest stage possible, at the least cost and hidden time to you. In the majority of cases, that will be the outcome. But, in some cases, that does not prove possible, despite our best efforts. Whilst…

Can the costs of running the Company be paid through the service charge?

This is a really common event and question and, fortuitously, a question that came before the Upper Tribunal recently. We reported at the end of March on the recent appeal decision in the Upper Tribunal case of Collingwood v Carillon House Eastbourne Ltd [2021] UKUT 246 (LC). The case decided two…