- 9 лет ago
- Published в: Irish open golf 2022 betting
- 2
- Автор: Taulrajas
Case 1 — what counts as a landlord fixture? Thierry Fivaz V Marlborough Knightsbridge Management Ltd centred around an appeal by a landlord that a lessee who had replaced the entrance doors to his flat without consent was in breach of his lease.
Although the First-tier Tribunal FTT had found in his favour, on appeal the Upper Tribunal overturned the decision and sided with the lessee. Although the building in question, which contained 5 self-contained leasehold flats, was in an area designated by the Council as subject to additional HMO licensing requirements, the FTT ruled that the Council had not complied with the appropriate Building Standards and therefore it should be defined as an HMO.
Though overturned on appeal, this should serve as a warning to block managers to err on the side of caution when it comes to acquiring HMO licenses. The rules are only going to get tighter. Case 3 — the rules around Airbnb Airbnb is an extremely contentious issue in the rental world and block managers and property managers should note responses are on a case-by-case basis.
In Triplerose Limited v Beattie and Beattie, the case turned on the specific wording of the tenancy agreement, which prohibited using the property as a place of business. The Upper Tribunal agreed with the leaseholder that letting the property through Airbnb did not meet this definition and therefore they were not in breach of lease. We predict loopholes around Airbnb to tighten in the future.
The Court of Appeal recognised that there are distinctions between the rights as a member and rights as a lessee, but they considered that in a situation where the Company was lessee-owned and controlled and exists to provide services under occupational leases, it is difficult to draw a line between matters relating to governance of the company and matters relating to management of the leasehold.
This case, Lambeth v Gniewosz, has interesting implications for repairs and maintenance issues. It concerns a Council proposal to carry out roof works on a block of flats. The works in question comprised the replacement of a zinc roof with one made of glass reinforced plastic [GRP]. Both parties agreed that the roof was seriously defective but the lessee preferred a like for like replacement of zinc over the use of GRP.
Letting without consent may lead to the lender recalling the mortgage and seeking possession. Some lenders are changing. In November MetroBank amended their terms to allow up to 90 days of short term lets without asking permission. But even MetroBank customers will need to check their insurance policy. This means that such use requires actual planning permission. So if you are thinking of letting your property out for more than 90 days in any day period, your property is in Greater London and you do not have planning permission then you will be committing a criminal offence.
Leases Air BnB lettings have been found to be breaches of lease covenants in various cases. But what if the person occupying the property had let it through Air BnB? The clause requiring use as a private residence meant as a home. That would not be fulfilled if it was occupied by short term lets. The leaseholder refused the request to stop using the website and as a result the District Judge granted an injunction lasting 4 years to prevent the leaseholder letting his property out on Air BnB.


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