Results for "breach"

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How to deal with unlawful subletting

When confronted with a case of actual or suspected subletting, it is imperative that the landlord or managing agent is fully aware of the following in order to establish that the subletting is in fact unlawful (that is to say, in breach of the terms of the lease) and therefore whether enforcement…

Can a RTM company bring proceedings in the Tribunal for a determination of a breach of the lease?

NOTE - On appeal to the Court of Appeal, who ruled at the end of July 2023, the decision set out in this Legal Update was reversed. See here our Legal Update from 1 August 2023 which confirms the latest (and opposite) outcome of that appeal. This week’s legal update considers the ability (or lack!)…

Address for service - getting this right

The validity of a demand or proceedings in relation to any unpaid demands will, in part at least, depend upon whether they have been properly served. This will require that they are at least sent to the correct address for the receiving party. But what is that address? In Clevedon House Residents’…

The importance of appointing the right Manager

The Landlord and Tenant Act 1987, provides that residential long leaseholders may apply to the First-Tier Tribunal (“FTT”) for the appointment of a Manager in place of the Freeholder or other Manager. The application needs to show default on the part of the Freeholder or other Manager. Where the…

Restrictive Covenants - are leaseholders’ property interests relevant?

The Court of Appeal has recently decided the case of 89 Holland Park Management Limited -v- Hicks [2020] EWCA Civ 758, a long-standing (and ongoing) dispute between the owners of 89 Holland Park (“the Building”) and an award winning architect who intends to develop a plot of land at the rear of the…

Rent Repayment Orders - Who is liable?! Revisited

In our Legal Update sent in January this year ( here ), we reported on the Upper Tribunal’s decision in Goldsbrough v CA Property Management Ltd and others [2019] UKUT 311 (LC) , which considered who the appropriate Respondent is to an application for a Rent Repayment Order (RRO), for a failure to…

KDL Law trials online mediation during lockdown

Mediation has long been seen as an effective alternative dispute resolution (ADR) method for parties to litigation, to resolve their differences and reach settlement. As with Court and Tribunal hearings, face-to-face mediations have not been possible during the early days of lockdown, however…

Making a Part 18 Request for further information

Whilst litigation is naturally a contentious process it remains a requirement that the parties in dispute are to assist the court and their opponent understand the points being raised in any claim, defence or counterclaim. It is sometimes the case that points made by a party (often in defence to a…