Results for "Lease extension"

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Update on the abolition of Ground Rent

In November 2021 the Leasehold Reform (Ground Rent) Bill had its second unopposed hearing in the House of Commons and was sent to a Public Bill Committee for further scrutiny. The aim of the Bill is to address the rising ground rents that have been seen in recent years and tackle the ambiguity and…

Lifting restrictive covenants

In March 2018, we gave details of how restrictive covenants affecting developments could be lifted or modified by application to the Upper Tribunal (“UT”) ( see the article here ), specifically in the context of covenants prohibiting the parking of commercial vehicles. Whilst little used, the…

The Leasehold Reform (Ground Rent) Act 2022 is finally law but what does it actually mean?

Following on from our December 2021 Legal Update on the progress of the Leasehold Reform (Ground Rent) Bill the Bill received Royal assent on Tuesday 8 February 2022 and is now law. That said Regulations will now need to be made by the Secretary of State before most of the provisions of the Act…

Ground rents to be banned for new residential leases

The government has just provided a fairly detailed indication of what steps it is to take to approach, what it sees, as unfair practices relating to rents on leasehold property and the sale of leasehold houses. Ground rents will be restricted to a peppercorn in future leases and new long leases of…

My ground rent is bigger than yours!

For most of you, it will have been impossible to miss the changes introduced by The Leasehold Reform (Ground Rent) Act 2022 (“the Act”) back in February 2022, banning ground rents (or, more specifically, reducing ground rents to a peppercorn e.g. no monetary value) for “regulated leases”. The Act…

Can shared ownership leaseholders qualify for the Right to Manage?

The Court of Appeal handed down a judgment on 11 May 2023 in the case of Avon Ground Rents Limited v Canary Gateway (Block A) RTM Company Ltd (2023) EWCA Civ 616 , which confirmed that owners of flats held on shared ownership leases are qualifying leaseholders for the purposes of pursuing a claim…

Legal and practical considerations where directors are not enforcing the terms of the lease

Whether you are a managing agent or leaseholder, from time to time you may come across a situation where the directors of the landlord, RTM company or RMC are not (or give the impression they are not) taking sufficient action in respect of a breach by another leaseholder in the block or…

Section 22 Notices - needn’t be as detailed as you think!

In this Legal Update, we review the case of Ata -v- Sinclair [2024] UKUT 423 (LC), which relates to the validity of a notice served by a group of leaseholders on their landlord under Section 22 of the Landlord and Tenant Act 1987 (“the Act”), stating their intention to apply to the FTT for the…

Service of Notices - Some Considerations

Every now and then, and frequently in the property world, there will be a requirement for the service of a formal notice on a party with whom you are dealing. Whether that is to terminate a residential tenancy or to consult with a long leaseholder on a proposed major works project, the need to…

Appointment of a Manager

Leaseholders dissatisfied with the management of their block or development will often turn to their rights under the Commonhold and Leasehold Reform Act 2002 to exercise the right to manage, or where appropriate to a collective enfranchisement under the Leasehold Reform, Housing and Urban…

Upper Tribunal allows RTM Company to vary leases to recover enforcement costs

In the recent case of 56 Westbourne Terrace RTM Company Ltd -v- Polturak & others [2025] UKUT 88 (LC) , the Upper Tribunal (“the UT”) delivered a crucial ruling that RTM companies may apply under Section 35 of the Landlord and Tenant Act 1987 (“the LTA 1987”) to vary leases (and even introduce new…

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…