News & Analysis as of

Landlord and Tenant Acts

Sullivan & Worcester

Housing Bill Becomes Law, But It’s Not Just About Housing

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On Tuesday, August 6th, Governor Healey signed into law House Bill 4977, “An Act relative to the Affordable Homes Act.” The 181-page Bill provides for $5.1 billion in capital funding to support housing production and...more

Orrick, Herrington & Sutcliffe LLP

Virginia enacts new prohibitions against certain electronic fund transfer fees

On April 17, the Virginia legislature enrolled HB 1519 into law, which amended provisions of the Virginia Code related to fees for electronic fund transfers. The legislation amended the Residential Landlord and Tenant Act to...more

Hogan Lovells

UK Landlord and Tenant Act 1954: Law Commission report delayed

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The Law Commission’s review of the Landlord and Tenant Act 1954 was announced in Spring 2023, with a consultation paper – setting out the existing law, the problems with it, and possible solutions -  anticipated by December...more

BCLP

Briefcase 2023 Quarter 4: Key Real Estate Cases and Updates

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High Court Weighs Up Landlord’s Redevelopment Plans With Tenant’s Security of Tenure in Business Lease Renewal - A landlord sought an immediately exercisable break in an unopposed business lease renewal to facilitate a...more

Troutman Pepper

Michigan House Bill Proposes Excluding Tenant Credit Scores from Rental Decisions

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The drumbeat to increase regulation of tenant screening continues, this time in Michigan. On June 15, Michigan state Representative Brenda Carter (D-29) introduced House Bill 4818, which proposes to amend landlord-tenant...more

Sands Anderson PC

Important Virginia Real Estate Law Changes in 2023

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The creation of a Residential Sites and Structures Locator database, changes in the Virginia Residential Landlord and Tenant Act, and a ban on foreign farmers are just some of the substantive changes to Virginia real estate...more

Hogan Lovells

Make or break: Redevelopment break clauses under the UK Landlord and Tenant Act 1954

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Where the parties can’t agree on the terms of a renewal lease under the Landlord and Tenant Act 1954, the Court has the power to decide those terms. But how does the court balance the competing demands of a landlord - keen to...more

Sheppard Mullin Richter & Hampton LLP

Landlords Get Ready: San Diego Residential Tenant Protection Ordinance Will Exceed AB 1482 Requirements

More than 3 years ago, the State legislature adopted the Tenant Protection Act of 2019, commonly referred to as Assembly Bill (“AB”) 1482, which – among other things – generally prohibits landlords from terminating...more

Hogan Lovells

UK Landlord and Tenant Act 1954: what might reform look like?

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In the 20 years since the Landlord and Tenant Act 1954 (Part II) was updated in 2003, there have been increasingly vocal calls for it to be revisited. The government announced a review in December 2020, but this fell by the...more

Hogan Lovells

UK Telecommunications: cracking the Code

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The Product Security and Telecommunications Infrastructure Act 2022 (PSTIA) received royal assent on 6 December 2022 following an extensive consultation process....more

BCLP

It’s urgent! Dispensation with service charge consultation requirements, but at what cost?

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The First Tier Tribunal (FTT) has allowed a landlord to dispense with the statutory requirement to consult with leaseholders prior to carrying out substantial fire safety works to a multi-storey residential building....more

Hogan Lovells

Real Estate litigation trends 2023

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2023 has already been a busy year for real estate litigation, with 3 Supreme Court decisions in as many weeks. Whilst recent years have taught us the dangers of trying to make any predictions, we have identified 5 key areas...more

Hogan Lovells

UK Supreme Court closes “Pandora’s Box” limiting court jurisdiction on residential service charge

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In their judgment this week in the case of Aviva Investors Ground Rent GP Limited v Williams, the Supreme Court has curtailed the First Tier Tribunal’s jurisdiction to intervene in residential service charges.  The reduction...more

Hogan Lovells

UK Supreme Court provides welcome clarity on the operation of the Telecoms Code

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In a long-awaited judgment handed down on 22 June 2022, the Supreme Court has addressed issues that have dogged telecoms operators and land owners since the revised Electronic Communications Code was introduced in 2016. ...more

BCLP

How can a landlord recover possession of business premises so that it can occupy for its own business?

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You are a landlord of business premises. You have owned the premises for more than five years. You have granted a lease of your premises to T, which is protected by the Landlord and Tenant Act 1954....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Act 1052: An Update to Landlord-Tenant Law in Arkansas

The Arkansas Generally Assembly recently passed legislation affecting rights and duties of landlords and tenants in Arkansas. While Arkansas has been historically pro-landlord—and predominantly remains so—Act 1052 at least...more

Hogan Lovells

UK County Court refuses tenant’s call for COVID-19 pandemic clauses to be included in commercial lease renewal

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The County Court has handed down its judgment in the case of Poundland Ltd v Toplain Ltd, in which Poundland Limited argued unsuccessfully that a renewal lease under the Landlord and Tenant Act 1954 should incorporate...more

Hogan Lovells

The UK High Court considers the impact of COVID-19 on rent assessment in lease renewal proceedings

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In S. Franses Limited v The Cavendish Hotel (London) Limited [2021] the High Court had to determine a number of issues including, importantly, what rent would be payable by the tenant under the terms of its renewal leases of...more

Snell & Wilmer

Does a Landlord’s Violation of the Arizona Residential Landlord-Tenant Act Constitute Negligence Per Se?

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In a recent Arizona Court of Appeals case, Ibarra v. Gastelum, 2020 WL 4218020 (7/23/20), the Court of Appeals addressed the question whether – in a tenant’s personal injury claim against the landlord – a landlord’s violation...more

Dentons

Navigating the Fair Housing Act and Iowa Landlord-Tenant Law during COVID-19

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In light of COVID-19, landlords, property managers, homeowners’ associations, and others in the business of renting or selling residential properties are in uncharted territory. Landlords are asking what can and should be...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Considerations for Florida Commercial Landlords and Tenants During the COVID-19 Crisis

Due to the recent coronavirus outbreak, many non-es­sential Florida businesses have been forced to tem­porarily close. Other businesses have been forced to scale back operations, such as restaurants being lim­ited to offering...more

Hogan Lovells

Telecoms operators do not have a choice between the Code and the 1954 Act on renewal of rights

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The Upper Tribunal has considered for the first time the relationship between the new Electronic Communications Code and the Landlord and Tenant Act 1954, ruling that an operator in occupation under a lease protected by the...more

White and Williams LLP

Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions

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In Joella v. Cole, 2019 PA Super. 313, the Superior Court of Pennsylvania recently considered whether a tenant, alleged by the landlord’s property insurance carrier to have carelessly caused a fire, was an implied co-insured...more

Hogan Lovells

Opposing a lease renewal on redevelopment grounds – a helpful case for landlords

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The case of London Kendal Street No3 Limited v Daejan Investments Limited (2019) provides some useful guidance on what a landlord needs to show in order to successfully oppose a tenant’s right to renew its tenancy on the...more

Hogan Lovells

Motive Matters … Can land owners rely on redevelopment plans to resist Code rights?

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It has been almost 18 months since the new Electronic Communications Code changed the legal landscape for telecoms operators and land owners. At its core, the Code is a framework for operators to obtain rights to install...more

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