Property

Articles

Assessing 'final determination' in unpaid service charge claims

Contrary to previously accepted views, a default judgment in a claim for unpaid service charges ?could be sufficient for ?a landlord to commence proceedings for forfeiture ?of residential premises, ?say Andrew Sheftel and Cecily Crampin

Commercial property update: rent recovery, best endeavours, flood risks

Magnus Hassett, Tim Taylor and Jonathan Ross consider 'the recovery of rent in a tenant administration, the pitfalls of best endeavours obligations, the National Planning Policy Framework and flood risk and buildings insurance

Paying the price for leasehold disputes

Now that the Court of Appeal has widened the scope of a common costs clause, landlords and tenants must ensure that such clauses are clearly drafted to avoid expensive and protracted litigation, says David Sawtell

Landlord and tenant update

Tessa Shepperson reviews the effectiveness of tenancy deposit regulation, including the de facto unenforceability of landlords' financial penalties, and whether the new provisions in the Localism Act will make a difference at all

Conditional break rights: rent traps for tenants

Deborah Caldwell explains how to successfully exercise a break right

Estate company can enforce 'reasonable' rentcharge

'Everyone must make contributions' for roads across estate

Commercial property update

Magnus Hassett, Laura Williamson and Katherine Ekers consider the implications of the dilapidations protocol, break clauses, business rates relief and the meaning of 'unreasonable withholding of consent' in leases

Validity of estate rentcharges 'does not depend on reasonableness'

The validity of an estate rentcharge does not depend “on the reasonableness of the amount calculated from time to time” for service charges, Lord Justice Mummery has said.