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Results for "Restrictive covenants"
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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…
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…
Modifying or discharging Restrictive Covenants - The Supreme Court considers a Developer’s “cynical” breach.
Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd , is the first case in which the highest UK court has considered s.84(1) of the Law of Property Act 1925. So, I hear you say, what is Section 84(1) Law of Property Act 1925? S. 84(1) LPA 1925 provides the Upper Tribunal with a power…
The right to park a car - restrictions on parking in residential developments
We live in an age in which most households have at least one vehicle, if not more, so it is no surprise that parking is one of the most common causes of friction between neighbours. Restrictive covenants controlling parking It is increasingly common for housebuilders to impose restrictions on…
Deeds of Covenant - Why are they needed and what happens if one is not completed?
In this Legal Update we consider an all too common scenario concerning freehold properties on managed estates that often sell without the incoming owner entering into a Deed of Covenant that is generally required under the terms of the Transfer governing the use of the property and, importantly,…
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…
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…
To consent or not to consent, that is the question… (Part One)
NOTE - The decision dealt with in this article was subject to appeal to, and ruling by, the Supreme Court on 6 May 2020 and so the up to date position is set out in our later articles here and further guidance here . The Court of Appeal’s recent decision in the case of Duval v 11-13 Randolph…
Dealing with applications for consent
Landlords and management companies will frequently faced with applications from leaseholders for consents, be that for alterations, assignments/sub-letting or other management issues such as pets. Often the covenants for consent in the lease will be ‘qualified’ covenants, meaning that the landlord…
Letting Property - Things to Consider
All flats and some freehold property (particularly those on managed estates) are subject to covenants affecting how the property is to be used and setting other rules in relation to, for example, if, when and to whom the property might be let. It is most important therefore for Property Owners and…
The Keeping of Pets
Whether you are finding tenants for landlord clients or managing a development, the issue of pets and whether or not the occupier of a property is able to keep them at the property is becoming a more common question. A response from the owner of a property is often “ I own my flat [or house] so who…
Injunctions - A Remedy for Breach of Covenant
For the most part, when dealing with breaches of leasehold covenants, the ultimate remedy that will be pursued if available to the landlord will be forfeiture of the lease. The draconian consequences of forfeiture mean that it is a most powerful remedy to force compliance by the defaulting…
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