Article Abstract:
Changes to the Council of Mortgage Lenders Handbook for England and Wales which came into effect on Oct 1, 1999, indicate that, where a management company must maintain or repair a property or grounds, it should have an estate in the land and the members of the company should be the tenants. If this is not the case, a covenant by the landlord should exist to undertake these obligations if the management company does not do so. These changes raise a number of issues, including what constitutes a failure to repair and how the freeholder can recover costs.
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Article Abstract:
UK landlord and tenant legislation covering subleases is complex. Derivative interests usually terminate if a headlease ends but this rule has exceptions. Tenants should not be able to force landlords to take on subtenants in a direct relationship when the landlord has not selected the subtenant, according to UK law. Landlords have to consent to a lease being surrendered and this allows a sublease to survive. Landlords have to insist on disclosure when they discuss the end of a lease.
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Article Abstract:
A UK case involving landlord and tenant law related to a landlord's right to forefiet lease. The landlords had granted a 25 year lease for business premises and there was a forfeiture clause in the lease. Rent was not paid for two quarters and the landlords sought to recover the arrears. The landlord re-entered the property and a county court and appeal court backed the landlords' claim to right to forfeit despite a demand for rent after it had not been paid.
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