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January 2018

  • 31

    Leasehold Extensions: Bad News For Leaseholders

    The Leasehold Reform, Housing and Urban Development Act 1993 (the Act) gives long leaseholders the option to extend their leases on payment of a premium provided that certain criteria are satisfied. Although the Act outlines the factors which will be considered when calculating the premium, there has been a long running debate as to the appropriate method through which to attribute a financial value to each of these elements. Furthermore, many long leaseholders have long felt that they have been paying significantly over the odds in order to secure an extension to their lease as a result of the various methods used, so the outcome of the recent Court of Appeal judgment in Mundy v Trustees of the Sloane Stanley Estate [2018] (EWCA Civ 35) was being watched with particular interest.
  • 31

    Upper Tribunal Refuses To Discharge Restrictive Covenant In Return For Payment

    In a recent case, Barter’s Application [2017], the Upper Tribunal considered whether to permit the discharge of a restrictive covenant that had been imposed in a transfer of a property in January 2013.
  • 12

    Government Announces It Will Take Action To Introduce New Rules On Leasehold Houses And Escalating Ground Rents.

    2017 saw the general public’s interest in residential leasehold properties re-ignited by the publication in the media of a number of high profile and critical articles. These related to developers’ increasingly common practice of selling new houses as leasehold (rather than freehold) properties and including onerous and unfair ground rents in new leases.
  • 11

    Do Not Delay – Out Of Time 1975 Act Claim By Spouse Is Refused Permission

    The High Court have recently refused permission to a widow to bring her claim under the Inheritance (Provision for Family & Dependents) Act 1975 out of time, where the claim was over 10 years too late (Sargeant v Sargeant & Anor [2018] EWHC 8 (Ch)).