The previous government put forward a huge agenda for leasehold reform. While they managed to pass the Leasehold and Freehold Reform Act 2024 before parliament was dissolved – which introduced a ban on new leasehold houses...more
As Rishi Sunak was deluged with rain announcing a general election on 4 July, those in the property world were wondering what this means for the flood of leasehold reform going through parliament. Here’s what you need to...more
The Freehold and Leasehold Reform Bill passed its second reading in Parliament on 11 December, and was described by Michael Gove – the Secretary of State for Housing, Communities and Levelling-Up - as the “effective...more
The Court of Appeal’s recent judgment in Gill v Lees News Ltd brought new clarity on when a landlord can successfully oppose the grant of a new lease under the Landlord and Tenant Act 1954 on the “tenant fault” grounds - in...more
In our last update in May, when the Renters Reform Bill was finally placed before parliament, we flagged the proposed changes - perhaps most significantly, the abolition of “no fault” or Section 21 evictions. While Bill...more
A resolution has finally been reached in the long running dispute between the Tate Modern Gallery and its neighbours, the owners of residential flats in Neo Bankside, with the parties agreeing a very neighbourly compromise....more
In our previous Engage post in April, we set out the government’s proposals for the Renters Reform Bill. The draft Bill was finally placed before Parliament on 17 May. In this update, we track which of the original proposals...more
In Annington Properties Limited and others v Secretary of State for Defence, the UK High Court has robustly endorsed the rights of public body tenants to acquire a superior interest in property through leasehold...more
In June 2022, the Government published a White Paper proposing sweeping changes to the private rented sector - affecting around 4.4 million homes and 2.3 million landlords. The Renters Reform Bill is due to be introduced in...more
The Supreme Court has given its judgment in Fearn and others v Tate, and has widened the law on private nuisance to include being “overlooked” for the first time....more
In one of the first published arbitration awards under the Commercial Rent (Coronavirus) Act 2022 (“CRCA”) in which the Arbitrator made an award based on the parties' formal proposals, the tenant (Bills Restaurants Limited)...more
The Upper Tribunal (Lands Chamber) (“UT”) has considered how termination and renewal provisions in the 2017 Electronic Communications Code (the “Code”) can operate when a site provider has granted a concurrent lease to a...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
As part of its levelling-up agenda, on 16 June 2022 the government published its long awaited white paper on the reform of the private rented sector. Proposed changes include banning so-called no-fault evictions whilst...more
The abolition of ground rents in residential leases in England and Wales is to come into force from 30 June 2022 under the new Leasehold Reform (Ground Rent) Act 2022....more
On 8 February 2022, the Leasehold Reform (Ground Rent) Act 2022 received Royal Assent, effectively outlawing ground rents in residential leases in England and Wales once the legislation comes into force....more
2/11/2022
/ Housing Market ,
Landlords ,
Leaseholds ,
Legislative Agendas ,
Real Estate Development ,
Regulatory Agenda ,
Regulatory Reform ,
Rent ,
Residential Leases ,
Tenants ,
UK
Views are being sought by the UK government on proposals by the Law Commission to extend the collective right to buy (“collective enfranchisement”) and manage mixed use blocks. Key changes include extending enfranchisement...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 the latest High Court decision relating to Company Voluntary Arrangements in the UK, the judge held that the Regis hairdressing group CVA should be revoked on the basis that it favoured shareholders at the expense of...more
6/10/2021
/ Breach of Duty ,
Commercial Tenants ,
Contract Modification ,
Corporate Restructuring ,
CVAs (Company Voluntary Arrangements) ,
Insolvency ,
Landlords ,
Retailers ,
Termination Rights ,
UK ,
Unfair Prejudice
In the first part of a long-heralded suite of reforms to leasehold property law in England & Wales, the UK government has introduced a draft Bill which is intended to consign to history ground rents under leases of flats and...more
6/3/2021
/ Housing Market ,
Investors ,
Landlords ,
Leaseholds ,
Legislative Agendas ,
Real Estate Development ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Rent ,
Residential Leases ,
Tenants ,
UK
In the first working week of the New Year, Housing Secretary Robert Jenrick announced major reforms to the way that houses and flats are owned in England and Wales. The changes could affect more than 4 million leaseholders...more
Just like buses and government slogans, it seems that Law Commission reports on the future of residential property in England and Wales come in threes. Following separate, lengthy consultations, the Law Commission has this...more
The UK government’s response to the COVID-19 outbreak has included various steps intended to relieve pressure on residential property tenants, whose livelihoods and income might have been seriously impacted by the current...more
The government has confirmed it will bring forward emergency legislation to protect residential tenants from eviction. Following the Budget which announced mortgage “holidays” for those who own their homes, the government has...more
Property cases do not often make it all the way to the Supreme Court, let alone cases relating to a landord’s refusal of consent under a lease. For that reason alone, the Supreme Court Justices’ decision in the case of...more