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January 2021
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Dear <<First Name>>,

Welcome to the January edition of Landlord and Tenant E-lert
 
The issues in this month’s articles are:
 
Article 1: If a developer builds despite knowledge of a restrictive covenant, will the Tribunal grant an application to modify the covenant even if the development is social housing?
 
Article 2: Can a landlord charge what it likes for service charges and rely on comprehensive wording in the service charge provisions of the lease to recover payment?
 
Article 3: Can an existing equitable interest in land which is not registered override a later transfer of the legal title?
 
Article 4: Can a freeholder seek forfeiture of a long residential lease if the leaseholder lets his flat out on short term lets through AirBnB?
 
I hope that you find these articles helpful
 
Best regards
 
Rex
 

Supreme Court Rules on Restrictive Covenants
Restrictive covenants can prevent the development of land but developers frequently rely on Section 84 of the Law of Property Act 1925 to avoid this problem
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Comprehensive Service Charge Clause Makes Landlord a Judge in its Own Cause
In this case, the tenant objected after receiving a service charge demand for over £400,000, a much larger sum than the landlord had sought in the previous year.
READ MORE...

 
Registration of Ownership at the Land Registry is Crucial to Protect Freeholder’s Interest
The case concerned a riverside plot, formerly occupied by an oil company, which included a pier and listed slipway. Title to it had passed through the hands of two offshore companies before it was transferred to an English company.
READ MORE...

 
Renting Out Flat on AirBnB Opens Way for Freeholder to Seek Forfeiture
Many tenants who forego legal advice before subletting their homes to tourists and other short-term visitors do so in blissful ignorance that they may well be breaching the terms of their leases. That was certainly so in the case of a flat dweller whose use of AirBnB placed the roof over his head in jeopardy. 
READ MORE...

 
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