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Options for Landlords to recover commercial service charges and rent
Increasingly residential developments now include a mixture of residential property in the form of houses and/or flats but also commercial units. Whilst KDL Law is well known for its expertise within the residential leasehold sector, we also advise clients in terms of their ability to recover…
AirBnB Lettings - Permitted or Not?
As the presence of AirBnB and other similar short term letting agencies continue to grow rapidly across the country and specifically in London, we are being asked this question on a very regular basis. So, can the owner of a flat let it on short term agreements throughout the year without being in…
Injunctions - A Remedy for Breach of Covenant
For the most part, when dealing with breaches of leasehold covenants, the ultimate remedy that will be pursued if available to the landlord will be forfeiture of the lease. The draconian consequences of forfeiture mean that it is a most powerful remedy to force compliance by the defaulting…
Leaseholders selling up with unpaid service charges
It is a common misconception that any arrears owing at the point of the sale of a flat will pass to the incoming leaseholder. This view is incorrect and can present landlords with a debt that may be difficult to recover. In this update, we remind readers of the best approaches to this issue so that…
Legal and practical considerations where directors are not enforcing the terms of the lease
Whether you are a managing agent or leaseholder, from time to time you may come across a situation where the directors of the landlord, RTM company or RMC are not (or give the impression they are not) taking sufficient action in respect of a breach by another leaseholder in the block or…
Alternative Dispute Resolution ("ADR")
In any dispute, it is always important to consider alternative dispute resolution (“ADR”) to attempt to resolve the dispute before rushing into Court or Tribunal action. Even an informal “roundtable meeting” early on in a dispute can save a lot of time, costs and stress if the parties are able to…
Warning - The risks of not providing your landlord with your alternative address for service
When a leaseholder fails to pay their service charges in accordance with the lease, the landlord is entitled to forfeit the lease, subject to carrying out various steps before they are lawfully able to re-enter the property. Due to the number of legal hoops that a landlord must jump through before…
Appealing a decision of the FTT
As with any adversarial process, in most disputes handled by the First-Tier Tribunal (“FTT”), there will inevitably be one party (often, but not always, the ‘unsuccessful’ party) who is aggrieved by the outcome reached by the FTT. However, the circumstances in which the decision of the FTT can be…
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