Expert Comments

Opinion
  • leasehold-disputes
  • residential-property-disputes

Supreme Court Judgement That Gives Hope To RTM Companies And Leaseholders

In a significant ruling, the UK Supreme Court has determined that failing to serve a claim notice on an intermediate landlord does not automatically void a Right to Manage (RTM)…

September 30, 2024
Opinion
  • property-disputes

How To Avoid And Resolve Construction Disputes

Construction projects can often lead to dispute between the employer, contractor, subcontractor or an architect. Whilst constructions projects in today’s economy are essential for the growth and development, they can…

June 17, 2024
Opinion
  • property-disputes

Rent Reviews in Commercial Leases

Rent reviews clauses are crucial in a commercial lease which affects landlords and tenants. The process ensures that the rental amount being achieved and paid is fair and reflects markets…

June 17, 2024
Blog
  • property-disputes

Leasehold Reforms Become Law

On 24 May 2024, the Leasehold and Freehold Reform Bill became law and is now known as the Leasehold and Freehold Reform Act 2024 (“Act”). The Act is aimed at…

May 31, 2024
Opinion
  • property
  • property-disputes
  • residential-property-disputes

Loss Of Amenity From The Presence Of Japanese Knotweed – The Final Final Word In Davies V Bridgend County Borough Council (2024)

Last year we reported on this case about whether a home owner could claim for ‘residual diminution in value’ from the encroachment of Japanese knotweed (JKW) from neighbouring land. We…

May 28, 2024
Opinion
  • businesses
  • property-disputes

Navigating Property Disputes: Dilapidation Clauses

In a follow up to our last blog from our Commercial Property Disputes team, this time they are providing a breakdown of the role that dilapidation clauses have within leases…

Opinion
  • businesses
  • property-disputes

How To Deal With Restrictive Covenants

At Hodge Jones & Allen, we pride ourselves on providing comprehensive legal assistance across a spectrum of issues. In our Dispute Resolution department, our dedicated Commercial Property Dispute team stands…

Opinion
  • property-disputes

Freeholder’s Recoverability on Contractually Valid Service Charge Demands and Legal Costs

Having recently written my piece on applying for forfeiture and the speed in which one must act, it is now useful to see a recent Court of Appeal decision relating…

October 12, 2021
Opinion
  • property-disputes

Eviction Ban On Firms In Rent Arrears Is Extended By Nine Months

Extension of ban on landlord’s evicting tenant companies A ban on landlords evicting companies for unpaid commercial rent is to be extended for another 9 months. The ban, which stopped…

June 18, 2021
Blog

How Quick Is Quick When Applying For Relief From Forfeiture

As we approach a year since my colleague, Stuart Miles wrote his very useful guidance on What Happens if a Lease is Forfeited. I thought it would be helpful to…

March 9, 2021
Blog
  • residential-property-disputes

What kind of tenant do I have – an overview of different types of residential occupiers

Private landlord and tenant relationships can exist by way of the most common type of tenancy, the assured shorthold tenancy (AST), assured tenancies or secure/rent act tenancies. Any tenancy agreement…

March 3, 2021
Blog

Special coronavirus specific advice has been issued for landlords.

Right to rent checks have been temporarily adjusted due to coronavirus (COVID-19), to make it easier for landlords to carry them out.

May 12, 2020
Blog
  • leasehold-disputes

How does a rent suspension clause work?

A lease or tenancy agreement may contain a clause which suspends the rent in the event that the property becomes uninhabitable. The clause may state that there should be a...

March 26, 2020
Blog
  • housing-and-property

What happens if a lease is forfeited?

Invariably, a lease will contain a provision that in the event the rent is not paid, or some other covenant is breached, then the lease can be brought to an...

March 12, 2020
Blog
  • court

Who does a section 20c order apply to?

It is common practice for freeholders to charge the legal costs incurred in dealing with determination proceedings to the leaseholders’ service charge accounts. This means that freeholders can seek reimbursement...

August 23, 2019
Opinion
  • restrictive-covenants

Removing obsolete covenants from your land

Occasionally deeds to a property or land may contain an old archaic covenant that restricts the way an owner can deal with the land or property. This may impact on...

February 1, 2019
Opinion

How to interpret a word in a lease

The interpretation of words used in a lease can sometimes be challenged. A landlord may believe that a word means one thing, while a tenant interprets the same word another...

December 5, 2018
Opinion

The flexibility of binding conditions on properties

It may be possible to apply for a restrictive covenant to be varied or modified, which occasionally results in compensation being awarded to any party who has suffered as a...

December 5, 2018
Opinion

Statements during a property transaction

During the course of a property transaction, it is common practice for the purchaser to raise questions as to the state of the property. The seller is generally bound by...

December 4, 2018
Blog
  • leasehold-disputes

Why is it important not to have delays of rent reviews in a lease?

Leases may provide for the rent to be changed throughout the term of the lease. Such clauses in leases are commonly referred to as rent review clauses. These clauses are…

October 24, 2018
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