News & Analysis as of

Rental Property Landlord and Tenant Acts

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

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

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 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

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

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

Katten Muchin Rosenman LLP

Understanding the Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018 (the Act) came into force on 20 March 2019 (the Enforcement Date) and amends the existing legislation contained within sections 8 and 10 of the Landlord and Tenant Act 1985...more

Hogan Lovells

A landlord’s intention to redevelop – breaking news from the Supreme Court

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The Supreme Court has handed down its judgment in the case of S Franses Limited v The Cavendish Hotel (London) Ltd in the most important 1954 Act case for decades. ...more

Fox Rothschild LLP

Peaceful Self-Help In Pennsylvania

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In Pennsylvania, landlords are prohibited from employing self-help evictions when dealing with tenants and former tenants. However, querry if such prohibition exists when property owners seek to evict trespassers. Trespassers...more

King & Spalding

Trends in Tenant Leasing Positions

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Recent statistics indicate that tenants are asking for more from landlords in a variety of different asset classes, and most landlords are left with having to say yes. The leverage in lease negotiations appears to have...more

Best Best & Krieger LLP

Best in Law: How to Navigate Legal Pitfalls of Using Airbnb

Knowing Local Laws and Rights for Short-Term Rental Success - Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a...more

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