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Welcome to this month’s update by Lexis®PSL Property! Highlights include:
1) Relief from forfeiture
Freifeld v West Kensington Court Ltd 2015 in which the Court of Appeal exercised its discretion to grant relief from forfeiture.
2) Assured tenancies
We consider the case of Spielplatz v Pearson 2015 in which the Court of Appeal had to decide whether a tenancy of a chalet was an assured tenancy.
3) Collective Enfranchisement
We look at the case of Trustees of the Alice Ellen Cooper-Dean Charitable Foundation v Greensleeves Owners Limited 2015, which emphasizes the dangers to the freeholder of ‘two-stage’ enfranchisement.
4) Business Rates
The case of Woolway v Mazars 2015 rendered obsolete a ruling that had been regarded as the lading case for the past 59 years. We look at the facts and findings…
5) Service charge consultation
We consider the case of Royal Borough of Kensington and Chelsea v Lessees of 1–124 Pond House and ors 2015 which makes it clear that framework agreements can be ‘qualifying long term agreements’ and that costs can be ‘incurred under’ them.
6) Costs recovery
We look at the Court of Appeal’s decision in Chaplair Limited v Kumari 2015 which concerned cost recovery for unpaid rent and service charge.
7) Flood Re regulatons
Finally, we look at the draft Flood Reinsurance (Scheme Funding, Administration and Amendment) Regulations 2015. These contain the details of how the Flood Re scheme will operate. Provision is made for the establishment, funding and administration of a reinsurance scheme intended to facilitate the provision of affordable flood insurance for domestic properties at high risk of flooding.
Written transcript:
Download the August transcript here
Audio only (mp3):
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Video (with supporting slides, mp4):
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Further reading mentioned in this month’s updates (linked items require a subscription to or free trial of LexisPSL):
Windfall considerations in relief from forfeiture
Naturists had an assured tenancy
Two-stage enfranchisement means freeholder receives nothing
Do separate floors amount to a single hereditament?
Are framework agreements subject to statutory consultation requirements?
Lease indemnity for costs cannot be overridden by costs limitations imposed by CPR 27.14 (Chaplair Limited v Kumari)
The government floats new flood Regulations
Source: LexisNexis Purpose Built
August 2015 Lexis®PSL Property Highlights
