Skip to main content

Results for "duval"

Get in touch today

Call 01435 897297
Email info@kdllaw.com

The ‘Duval’ issue and possible solutions

We have already reported on the Court of Appeal and then Supreme Court decisions in Duval -v- 11-13 Randolph Crescent Limited ( see here ) and the effects that it has had on how landlords might approach the granting of licences for works or other matters. It is fair to say that most landlords have…

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…

To consent or not to consent, that is the question … (Part Two)

In January 2019 ( here ) we reported on the Court of Appeal’s decision in the case of Duval v 11-13 Randolph Crescent Limited [2018] EWCA Civ 2298 , which caused ripples throughout the leasehold sector, with serious implications for landlords concerning the issue of consents. That decision was…

Paws for thought! Jasmine’s Law, pet clause changes to the Model Tenancy Agreement and pet consent in longer leases.

It is presently estimated that there are over 20 million dogs and cats in the UK. Given the number of people renting on short term lets, there is an increasing demand for pet-friendly tenancies. Further, longer term leases also have their issues for pet owners, mainly where there is an absolute…

The impending influx of electric vehicles on your managed sites - Part 1

With the Government’s plan to ban the sale of cars and vans powered solely by petrol or diesel from 2030 (some hybrid models will still be sold after that date) the clamber for the installation of electric charging points across the country has started and will only increase as the above date looms…

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…

Well what a year 2020 was!

We think it is safe to say that all of us will remember 2020, some of us not so fondly and others just as something to try and forget! But we have now (nearly) reached the end of the year and so it is probably a good opportunity to have a brief look back at some of the very important Legal Updates…

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…

Withholding of consent to alterations - The case of Messenex Property Investments Limited -v- Lanark Square Limited [2024]

The focus of this week’s Legal Update looks at a recent decision of the High Court that considered certain circumstances in which it was reasonable for a Landlord to refuse consent to a request made by its Tenant to make alterations to its premises. The decision will prove helpful as guide to the…

Can a RTM Company grant consent under a lease?

In this Legal Update, we look at an issue that is commonly faced by right to manage companies in circumstances where: The RTM Company has acquired the right to manage a building; and A leaseholder of a flat within the building wishes to do something which requires the consent of the Landlord or…


Back to top