The Court of Appeal has provided a helpful insight into how to deal with failures to comply with the right to manage procedure set out in the Commonhold and Leasehold Reform Act 2002. The issue arose in a case involving Eastern Pyramid Group Corp SA v Spire House RTM Co Ltd. The RTM company had served
A landlord has lost its appeal for running an unlicensed house in multiple occupation (HMO) despite claiming that it had a reasonable excuse. The issue arose after Thurrock Council imposed a financial penalty on Palmview Estates Ltd for failing to have an HMO licence for one of its properties. Palmview didn’t dispute that it didn’t
The Covid-19 pandemic has presented a plethora of challenges for restauranteurs, and many businesses have struggled to pay their rent whilst they have been forced to close in several national or localised lockdowns. The Coronavirus Act 2020 was introduced as emergency legislation to prevent commercial landlords from re-entering and taking back their premises based on
Local authorities are to receive extra funding to tackle landlords who fail to comply with energy rating standards on their properties. Since April last year, privately rented homes have had to meet a minimum energy performance rating of EPC Band E, making it illegal to rent out homes below that unless landlords have a limited exemption. Landlords
A cinema has been told that it cannot defend a claim for payment of rent arrears and service charges on the basis that it was required by law to close during the Covid pandemic. The case involved London Trocadero (2015) LLP and Picturehouse Cinemas Ltd. Under the lease with the landlord, Trocadero, Picturehouse covenanted not
The government is introducing new laws and a Code of Practice to resolve commercial rent debts accrued because of the pandemic. Commercial tenants are protected from eviction until 25 March 2022. It’s hoped this will provide time for landlords and tenants to negotiate how to share the cost of rent debts. These negotiations will be
Vulnerable tenants struggling to pay their rent are to get government help in a move that will help protect the income of thousands of private landlords. The government is making £65 million available to councils in England to support low-income earners in rent arrears. It will be for councils to determine the best way to
Marks & Spencer has been told to trade in good faith, and not to carry on business half-heartedly, following a dispute with a landlord over the terms of the lease on one of its stores. The court heard that Marks leased a unit within a shopping mall from landlord Sapphire 16. The ground and first
A landlord could not get round the requirement to make a “demand for payment of the service charge” within the 18-month time limit specified in law. That was the ruling of the Court of Appeal in a case involving a landlord that held the head lease of the residential parts of a large mixed-use development.
A local authority had been too quick to fine a landlord for failing to register under a licensing scheme. Instead, it should have followed its own policy of taking informal action as a first step. That was the decision of the Upper Tribunal (Lands Chamber) in a case involving Ekweozoh v Redbridge LBC. Ms Ekweozoh