Ed John considers the implications of the recent case of Campbell v Daejan On 20 November 2012, the Court of Appeal re-emphasised that there is no implication in service charge provisions that a landlord can recover 100% of its costs. In the case of Campbell v Daejan , the tenant was able successfully to argue
Monthly Archives: December 2012
Flood talks reach impasse whilst the rain keeps falling
As reports rage of an impasse between the Government and the insurance industry on negotiations over the future of flood insurance, the question on everyone’s lips is “where do we go from here?” Don’t be fooled by the recent wintry drop in temperature; we started with the wettest April on record earlier this year and
Residential landlords risk losing deposits and paying a penalty if they fail to give tenants the required information
Picture this: a difficult tenant decides that they don’t want to leave the property at the end of its lease and the landlord can’t wait to see the back of them. The landlord wants to recover possession and use the tenant’s deposit to pay for any damage that the troublesome tenant has caused. It sounds
Legal A – Z: ‘B’ is for break clause
Q) How does the timing of a break clause coincide with a rent review? A: The general presumption is that time is not of the essence for working through the machinery of a rent review clause. However, as strong a presumption as that may be, it may be rebutted if there are clear indications to
When is a lease not a lease but really a licence?
It’s an old question, but one that crops up regularly. The most recent example to pass across this blogger’s desk was in relation to a statutory residential leasehold extension. In that case, a licence had been granted “exclusively” to use two car parking spaces as ancillary to a long lease of a flat. The question