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Results for "Air BnB"
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Contempt, Lies and Deceit : A lesson in how not to conduct proceedings
Our Legal Update from October 2020 (which can be viewed here ) reported on the case of Laskar -v- Prescot Management Company Limited [2020] UKUT 241 (LC) which, despite what one might view as unreasonable behaviour on the part of the leaseholder, saw the Upper Tribunal reverse a Rule 13 costs order…
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…
Airbnb - An update
In May 2018 we provided you with information of the then two main cases that provided to Landlord clients a basis to prevent short term holiday lets (“Airbnb type lets”) see here . The position has changed little since the decisions in Nemcova v Fairfield Rents Limited [2016] and Bermondsey…
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…
Clarity for landlords where leases are unclear on who is responsible for certain repairs
A decision of the First-tier Tribunal in August 2023, brought to our attention by Robert Bowker of Tanfield Chambers and to whom we are grateful, relating to a question that is becoming more prevalent now following the introduction of the Building safety Act 2022, will be of interest to you. It…
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…
Whose door is it anyway?!
This week’s legal update focuses upon a topic that we are regularly being asked about and that concerns the ability of those who manage buildings, such as Landlords, Management Companies and those that have acquired the Right to Manage, to compel leaseholders to alter the front door of their flat…
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…
Do I have to pay service charges for items that I do not use?
We deal with a lot of enquiries from managing agents and landlords where disputes arise as to the liabilty for costs relating to works to repair, say, the communal lift in the building or decoration to the internal common parts to which the basement or ground floor tenant has no access. In such…
When does a leaseholder have to pay for improvements?
Carrying out major works on a property or development is often followed by some sort of a disagreement from one or more property owners who have an obligation to contribute to such works. This can lead to a delay in the works starting due to the dispute itself, or because a property owner refuses…
Insurance Excess - Is this a service charge cost?
The cost of insuring residential developments has seen some sizable increases over the past few years and we are regularly advising Landlords and Leaseholders in relation to whether the cost of insurance procured by the Landlord RMC or RTM is reasonable. In addition to the hike in the cost of the…
When are service charges reasonable?
It is fair to say that leaseholders have little control over the costs incurred and works undertaken in the management of the development of which their flat forms part. They do, however, have the benefit of various statutory provisions that provide some protection as to whether or not the charges…
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