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Interpretation of service charge clause: Arnold v Britton 2015

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This was an appeal to the Supreme Court of a 2013 hearing. The case concerned a number of chalets in a leisure park, each of which was subject to a 99 year lease from 25/12/1974. In issue was the interpretation of a clause requiring the lessees to pay...

Daejan Properties Ltd v Griffin [2014] UKUT 0206 (LC)

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If a landlord does not carry out works and the building deteriorates, does the tenant have to pay to remedy the consequential problems? The answer is no: he will have a claim in damages for breach of covenant and he can set off that claim against his...

Injunctions to Prevent Nuisance and Annoyance

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Part 1 of the Anti-Social Behaviour Crime and Policing Act 2014 came into force on 23 March 2015 (Anti-Social Behaviour, Crime and Policing Act 2014 (Commencement No. 8, Saving and Transitional Provisions Order 2015 - S.I. No. 2015/373)). The Injunction...

Have you received an Improvement Notice under the Housing Act 2004?

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If your property has a problem and the local authority decides that the problem is serious enough to be regarded as a Category 1 or 2 hazard, then it can serve an Improvement Notice on you obliging you to carry out works. Under the Housing, Health and...

Anti-Social Behaviour, Crime and Policing Act 2014 - update 1

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This act is now partly in force and is anticipated to come into full effect in October of this year. Among other matters, it brings about changes in relation to Anti-social Behaviour injunctions replacing the 'ASBI' with the IPNA (Injunction to...

Are "T" marks determinative of ownership on plans and conveyances?

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Many landowners assume that the existence of T marks on a conveyance or Land Registry plan is the final word on ownership, but that is not correct. The case Lanfear v Chandler [2013] EWCA Civ 1497 concerned the construction of a car port by Mrs...

Demands for service charge information - no civil remedy

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The names Morshead Mansions / Di Marco may be familiar to leaseholders whose freehold is owned by a company of which they are members. A well known dispute in 2008 clarified that sums equivalent to service charges could be demanded of leaseholders by...

All change for section 21 notices

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The recent case of Spencer v Taylor has simplified matters relating to the differing section 21 notices to the benefit of landlords . Previously under section 21 of the Housing Act 1988, there were two procedures for recovering possession with two...

S146 notice confusion

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Forfeiture of residential leases is never the easiest subject. The courts often seek to protect tenants from the ultimate sanction of losing their home or business premises. A recent case has added to the confusion. The old rule of thumb used to be: in...

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