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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…

Should Landlords/Managing Agents serve Section 20 Notice on Lessees in breach?

We are commonly asked by our clients and their managing agents, if the Landlord should serve a Section 20 Notice on any Lessee whose arrears (or other non-monetary matter) are currently with legal advisers and are as yet to be concluded. You are probably already aware that if the Landlord fails to…

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…

A door might be a door or ajar but who does it belong to?

The Court of Appeal has recently considered the Upper Tribunal decision from last year in Marlborough Knightsbridge Management Ltd v Fivaz: [2021] EWCA Civ 989 on the question of whether a front entrance door to a leasehold flat is a ‘landlord’s fixture’ or something else. This was the Landlord’s…

Fire Safety Act 2021

After much publicity, the Fire Safety Act 2021 (“the Act”) received Royal Assent on 29 April 2021. The Act, which amends the Regulatory Reform (Fire Safety) Order 2005 (“the 2005 Order”), has seen little change from the draft Bill proposed over a year ago (reported by us here ). The Act itself…

Fire Safety Order Bill to improve fire safety

On 19 March 2020, the proposed new Fire Safety Order Bill (“the Bill”) had its first reading in the House of Commons. The Bill will have a second reading, and there may be changes (potentially substantial) to the current version of the Bill, before it is passed as law. At present, no date has been…

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…

The Building Safety Bill has now been passed, but what does it actually mean for landlords and leaseholders?

14 June 2022 will mark the fifth anniversary of the Grenfell fire disaster that claimed 72 lives and has quite properly resulted in huge changes to the residential property sector. The fifth anniversary of Grenfell was a key date for the Government who had wished to see that that date did not pass…

Radcliffe Investments Limited -v- Meeson and other leaseholders of Park Rise, Trafford Plaza - Unreasonable Waking Watch Costs

This week’s legal update looks at yet another decision of the Tribunals following the fallout from the Grenfell Tower tragedy during the summer of 2017. The focus of this particular case was, again, the significant costs of a “waking watch” that has formed part of residential building fire safety…

Clarity on costs conditions in dispensation applications and leaseholder protections in the Building Safety Act 2022 - Adriatic Land 5 Limited -v- Leaseholders at Hippersley Point

NOTE - The decision dealt with in this article was subject to appeal to, and ruling by, the Court of Appeal on 08 July 2025 and so the up to date position is set out in our later article here . In the first of what we expect to be many to come, the Upper Tribunal (“UT”) has recently decided an…

Dealing with squatters

KDL Law has recently acted in successfully obtaining a possession order against a squatter who had taken up residence in the underground carpark at a residential development. The matter was complicated by the fact that the parking spaces themselves were demised to the leasehold flat owners, and it…

Looking back in time - Court of Appeal sets out approach for considering reasonableness of costs under long term contracts

In this week’s Legal Update, we report on the recent case of Spender & Ors -v- Fit Nominee Ltd & Anor [2025] EWCA Civ 1578 , decided just before Christmas, in which the Court of Appeal gave useful guidance to how challenges over the reasonableness of costs for long term contracts should be…


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