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Phllips and Others -v- Francis - a radical rethink of S.20 qualifying works

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • January 22 2013

At the end of last year, the High Court handed down judgment in the case of Philips and Others -v- Francis 2012 EWHC 3650. The case represents a

Rights of light

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • October 30 2012

If a development infringes a neighbouring property’s right of light, the owner may have a claim for damages or an injunction

What's wrong with the Leasehold Valuation Tribunal?

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • October 30 2012

The Leasehold Valuation Tribunal (LVT) makes decisions on various types of dispute relating to residential leasehold property

Guarantors not always guaranteed

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • July 17 2012

As is well known, where the matrimonial home is offered as security for a loan, there can be "undue influence" where one spouse has "trust and confidence, reliance dependence or "vulnerability" and the other has "ascendancy, domination or control"

Landlord's name and address on service charge demands

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • July 11 2012

The Upper Tribunal has again reiterated the importance of getting your service charge demands right every time

Break options conditions are strictly applied

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • April 20 2012

In the recent High Court case of Avocet Industrial Estates LLP v Merol Ltd, a relatively minor breach by a tenant prevented it from successfully operating a break option

Consenting to subletting: the right to impose a charge

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • March 1 2012

The Upper Tribunal has recently confirmed that where a lease requires the tenant to obtain his landlord’s consent before sub-letting, the landlord is entitled to charge the tenant a reasonable sum in respect of the costs and expenses incurred in granting such consent, even if the lease does not expressly make provision for this

Section 20ZA dispensation : a presumption of prejudice?

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • February 28 2012

Dispensation from section 20 and the concept of ‘prejudice’ continues to be a hot topic in the tribunals following the leading case of Deajan

The recovery of legal costs again before the Tribunal

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • February 28 2012

Déjà Vu?

A tenant's grudge is no bar to landlord's right of access

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • February 28 2012

In Beaufort Park Residents Management Ltd v Sabahipour 2011 UKUT 436 (LC), the Upper Tribunal reversed the earlier decision of the LVT that a tenant was not in breach of his lease by refusing to allow the landlord’s company secretary and director access to inspect a leak, due a personal conflict between them