Law School Toolbox Podcast Episode 511: Listen and Learn -- Landlord/Tenant Law (Part 1)
Bar Exam Toolbox Podcast Episode 289: Listen and Learn -- Landlord/Tenant Law (Part 1)
What happens when the freeholder not just disappears, but the very freehold itself ceases to exist? We know from case law that when a freehold escheats, the derivative interests such as mortgages and leases survive, however a...more
Summary - The Law Commission has issued an interim statement on the reform of the Landlord and Tenant Act 1954 (the Act). Its initial consultation addressed the “contracting-out” model, types of tenancy and duration of...more
According to the USDA – Economic Research Service, there are approximately 911 million acres of farmland in the lower 48 states, with roughly 60% of this farmland owner-operated and 40% of it leased. For tillable cropland...more
When it comes to real estate, almost every purchaser acquires an owner's title insurance policy. But what about tenants? Not every tenant opts for a leasehold title insurance policy, and deciding whether to pursue one...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more
Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd - The United Utilities sewerage network has around 100 ‘outfalls’ from which material emanating from sewers, sewage treatment works and pumping...more
What is a ground lease? A ground lease is a long-term agreement where a ground tenant leases land from a landowner and has the right to develop and use that land during the lease period. Typically, the ground tenant owns any...more
The King’s speech announced a new Leasehold and Freehold Reform Bill ‘to reform the housing market by making it cheaper and easier for leaseholders to purchase their freehold and tackling the exploitation of millions of...more
Tenant improvement work is a common source of construction liens. When liens arise out of tenant improvement work, the question is always: does the lien attach to the owner/landlord’s ownership interest in the property, or...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER DUTCH LAW - Introduction - The purchase of an immovable property is a mutual agreement. Neither the seller nor the buyer has the obligation to make use of the services of...more
The First Tier Tribunal (Property Chamber) has made the first remediation contribution order under the Building Safety Act 2022. The Tribunal ordered a landlord to repay amounts paid by the leaseholders of a multi-let...more
The Upper Tribunal (Lands Chamber) (“UT”) has considered how termination and renewal provisions in the 2017 Electronic Communications Code (the “Code”) can operate when a site provider has granted a concurrent lease to a...more
A ground lease is both a conveyance and a contractual agreement between a landlord (the ground lessor) and a tenant (the ground tenant) pursuant to which the ground lessor, as the fee owner of the real property, conveys a...more
Residential property reform is high on the government's legislative agenda as announced in this week's Queen's Speech. Proposed changes to the rental market include banning the so-called no-fault evictions, a commitment to...more
The abolition of ground rents in residential leases in England and Wales is to come into force from 30 June 2022 under the new Leasehold Reform (Ground Rent) Act 2022....more
On 8 February 2022, the Leasehold Reform (Ground Rent) Act 2022 received Royal Assent, effectively outlawing ground rents in residential leases in England and Wales once the legislation comes into force....more
The Supreme Court has held that Right to Manage Companies acquire the right to manage the premises/flat itself and any physical property over which leaseholders have exclusive rights, but do not acquire rights to manage wider...more
In the first part of a long-heralded suite of reforms to leasehold property law in England & Wales, the UK government has introduced a draft Bill which is intended to consign to history ground rents under leases of flats and...more
The decision confirms that company voluntary arrangements remain a flexible tool for restructuring leasehold portfolios. Key Points: The judge rejected each of the landlords’ arguments, confirming that: ..A CVA...more