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Property Litigation

Solicitors in London

Tenant Fees Act 2019 – Landlords & Letting Agents be Warned

News article published on: 10th April 2019

On 12 February 2019, the Tenant Fees Bill received Royal Assent and comes into effect on the 1 June 2019 The Act prevents landlord and letting agents from charging certain fee to tenants and prospective tenants of assured short-hold tenancies and student accommodation in England Wales. For security deposits, if the annual rent is less […]

EMA Decision: Permission Granted to Appeal

News article published on: 2nd April 2019

On the 1st March the EMA was granted permission to appeal on condition that they continue to comply with their lease obligations pending any appeal. The property sector will therefore need to wait to see if the EMA pursue an appeal and if so, whether their efforts will result in the decision of Judge Marcus […]

EMA Decision: Brexit Does Not Frustrate Commercial Property Lease

News article published on: 20th February 2019

The largely anticipated decision in the case of Canary Wharf v The European Medicines Agency has now been given. Judge Marcus Smith ruled in favour of the Canary Wharf Group and said that the EMA would have to honour their 25 year lease even if they are relocating to Amsterdam as a result of the […]

The Importance of Declarations of Trust

News article published on: 5th November 2018

The recent decision in the case of Culliford v Thorpe [2018] EWHC 426 (Ch) serves as a reminder to cohabiting unmarried couples of the importance of agreeing a declaration of trust where their interests in a property are shared. In this case a co-habiting couple, Mr C and Mr T agreed that a property which […]

Court of Appeal Clarifies the Definition of ‘Landlord’ in Victory for Osbornes Law

News article published on: 5th November 2018

It is now not uncommon for home owners to enter into company let agreements with property companies who are authorised under the company let agreement to let to sub-tenants under assured shorthold tenancies. These agreements guarantee the owner a fixed rent each month and avoid many of the responsibilities of being a landlord. Such agreements […]

Osbornes win 5 day trial in property dispute at the County Court at Central London

News article published on: 22nd October 2018

In 1985 clients of Osbornes, Mr and Mrs Ali-Khan, purchased a house. For various reasons they were not able to obtain a big enough mortgage to purchase the property they wanted just on their salaries. They decided to approach Mrs Ali-Khan’s sister to be a party to the mortgage. She agreed and this enabled them […]

How to deal with a Closure Order and Possession Proceedings

News article published on: 24th September 2018

Over the last three years since the Anti-Social Behaviour Crime and Policing Act 2014 came into force Local Authorities and other social landlords have relied more and more on mandatory grounds for possession on the basis of “serious anti-social behaviour”. Landlords using these grounds for possession can rely on the making of a Closure Order, […]

The Frustrating Implications of Brexit!

News article published on: 24th September 2018

Landlords up and down the country are awaiting the outcome of the case between European Medicines Agency (“EMA”) and Canary Wharf Group as to whether Brexit frustrates the EMA’ s 25 year lease. If the court find in the EMA’s favour, it could have huge implications for the economy. A contract may be discharged on […]

Licensing for Houses in Multiple Occupation to be Extended

News article published on: 24th September 2018

In an attempt to raise standards for all relevant Houses in Multiple Occupation (HMOs), changes are afoot and come into force on the 1st October 2018 when the mandatory licensing scheme will be extended. Currently, local authorities have a duty to licence all HMOs that are of three or more storeys and occupied by five […]

Licenses to Alter – A Surveyor’s Perspective by Matthew Price of Peter Barry Surveyors

News article published on: 10th September 2018

Being a leaseholder in a building or block of flats comes with many stipulations, obligations & restrictions, most of which have a minimal day to day impact. One very important aspect of the lessee/lessor relationship is the requirement of the lessee to obtain consent from the freeholder when looking to undertake alterations. Naturally these can […]

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