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