Members of Selborne Chambers regularly advise on and appear in courts and tribunals at all levels in matters concerning Landlord & Tenant issues, including:
ALTERATIONS AND IMPROVEMENTS
ALTERATIONS AND IMPROVEMENTS
Disputes can arise where the parties to a lease seek to make alterations or improvements to the premises. It is essential to understand what works, if any, are permissible, as well as the circumstances in which landlords are entitled to refuse permission to their tenants. Members of Chambers have experience of acting for both landlords and tenants in this area.
BREAK CLAUSES AND BREAK NOTICES
BREAK CLAUSES AND BREAK NOTICES
Where a lease contains a break clause, it is essential that the parties to it understand its potential effect and how to comply with it. Unfortunately, the law surrounding their interpretation and enforcement is often complex and can require considerable expertise to navigate correctly. Selborne’s Members have a wealth of experience in interpreting these clauses, advising on and assessing the validity of break notices and representing both landlords and tenants in litigation about their exercise.
CLADDING DISPUTES
CLADDING DISPUTES
Litigation in both courts and tribunals concerning the competing and interwoven rights and liabilities of a vast array of individual and corporate entities* for the costs of remediating structurally defective buildings (e.g. those constructed with defective cladding, ineffective fire safety measures, in breach of building regulations etc), particularly in the wake of statutory interventions such as the Building Safety Act 2022 and the Fire Safety Act 2021 which aimed to improve building safety, ensure accountability, and protect residents. (*including but not limited to: Building Owners, Developers, Contractors, Architects, Engineers, Manufacturers, Suppliers, Building Inspectors, Certification Bodies, Leaseholders, RTM Companies, Managing Agents, and the Government Remediation Funds)
DEPOSITS
DEPOSITS
Landlords are subject to technical statutory and regulatory obligations in respect of the protection of deposits paid by their tenants. A failure to comply can lead to claims in damages and potentially prevent entitlement to possession further down the line. Members of Chambers are adept at navigating this complex area, acting for both landlords and tenants in deposit claims.
DILAPIDATIONS AND DISREPAIR
DILAPIDATIONS AND DISREPAIR
Members of Chambers have extensive expertise in interpreting repairing obligations placed on parties to leases and the complex law surrounding them, as well as a practical and commercially-sensible grasp of construction and dilapidations. Members act for landlords and tenants of both commercial and residential property in disrepair disputes.
ENFORCEABILITY AND BREACH OF LEASEHOLD COVENANTS
ENFORCEABILITY AND BREACH OF LEASEHOLD COVENANTS
It is vital in the operation of any lease, commercial or residential, for both the landlord and the tenant to understand the obligations that are imposed on them by covenants. A failure to understand or comply with these obligations can lead to complex litigation. Members of Chambers have extensive experience in navigating such litigation, acting for both landlords and tenants in claims concerning the scope, breach and enforcement of leasehold covenants.
ENFRANCHISEMENT AND LEASE EXTENSIONS
ENFRANCHISEMENT AND LEASE EXTENSIONS
The procedures surrounding the extension and enfranchisement of leases, whereby leasehold owners may seek to purchase shares of the freehold, can be complex and demanding for both landlords and tenants. Members of Chambers have extensive experience navigating this procedure, advising and acting for both landlords and tenants on disputes surrounding valuation and the form and substance of notices.
FORFEITURE, WAIVER AND RELIEF FROM FORFEITURE
FORFEITURE, WAIVER AND RELIEF FROM FORFEITURE
The right to forfeit a lease is a powerful provision in any lease, and forfeiture clauses require careful and expert analysis in order to ascertain the rights and remedies available to the parties. The complex law surrounding waiver of this right and the relief available to tenants can often trip up landlords who would otherwise be entitled to terminate the tenancy. Selborne’s Members have a wealth of experience in representing landlords and tenants in claims arising out of the forfeiture of both commercial and residential properties.
INJUNCTIONS
INJUNCTIONS
Landlord and Tenant disputes often require lawyers capable of responding efficiently and expertly to urgent developments. Where the need for injunctions arise, Members of Chambers are experienced in acting for all parties affected by leases, frequently on short notice, to ensure that leasehold rights and obligations are complied with and enforced. Members also have significant expertise in advising on the entitlement to injunctive relief in all Landlord and Tenant disputes.
LEASEHOLD CONVEYANCING AND LAND REGISTRATION
LEASEHOLD CONVEYANCING AND LAND REGISTRATION
The Land Registration Acts impose a technically complex procedural framework for the registration of leases and rights granted by them. A failure to comply with such requirements can impact the effectiveness and enforceability of those rights. Selborne’s Members are experienced at advising and acting for both landlords and tenants in respect of issues arising under the system of land registration.
LICENCES OF LAND
LICENCES OF LAND
The circumstances in which rights are granted over land and its use are wide-ranging. The respective parties’ legal position can often be unclear, and it is essential to understand the nature and extent of any such rights and licences. Members of Chambers have considerable expertise advising and acting for both licensors and licensees, in particular on the existence and nature of licences granted over use of land, their effect, enforcement and termination.
MANAGERS AND RTM COMPANIES
MANAGERS AND RTM COMPANIES
The day to day management of properties and tenants is often carried out by managers or RTM Companies. Disputes can arise between these managers and both the landlord, in respect of the scope of the manager’s obligations, and the tenant, often in relation to compliance with their duties and the recovery of fees as service charges. Members of Chambers have experience of acting for both landlords and tenants in this field.
MIXED USE PREMISES
MIXED USE PREMISES
Where properties are used for both residential and commercial uses, special considerations can apply and it is important that parties to a lease understand the impact of this on their rights and obligations. Selborne’s Members have considerable experience acting for both landlords and tenants in respect of mixed use premises.
RENEWALS AND TERMINATIONS OF LEASES UNDER THE LANDLORD AND TENANT ACT 1954
RENEWALS AND TERMINATIONS OF LEASES UNDER THE LANDLORD AND TENANT ACT 1954
The effect of Part II of the Landlord and Tenant Act 1954 can have considerable commercial consequences for both parties under a lease to which it applies. Upon the expiry of fixed term commercial leases, it is fundamental that all parties ensure that this effect is understood and that the relevant procedures are complied with. Members of Chambers have considerable expertise acting for both landlords and tenants in the service of notices under ss.25 and 26 of the 1954 Act, the grounds for termination in s.30 of the 1954 Act, and renewal/termination claims generally.
RENT REVIEW
RENT REVIEW
Disputes surrounding rent review clauses can prove to be a significant obstacle in the operation and renewal of commercial and residential tenancies. Members of Chambers have a wealth of practical experience representing both landlords and tenants in this field, as well as dealing with and understanding technical market valuations.
RIGHTS OF FIRST REFUSAL
RIGHTS OF FIRST REFUSAL
Where a lease contains rights of first refusal, tenants may be able to prevent the sale of the freehold properties of which their premises are part. This can have considerable commercial consequences for landlords and it is important that all parties to leases understand the nature and effect of such rights. Members of Chambers have experience advising and acting for both landlords and tenants in this area.
SERVICE CHARGES
SERVICE CHARGES
The law concerning the interpretation, scope and enforcement of service charge provisions in leases is constantly evolving. Members of Chambers are experienced in acting for and advising both landlords and tenants in claims for the recovery of service charges in the Tribunals and the Courts.
STATUTORY SECURITY OF TENURE AND POSSESSION CLAIMS
STATUTORY SECURITY OF TENURE AND POSSESSION CLAIMS
Possession claims of both residential and commercial property are increasingly technically and procedurally complex. Members of Chambers have vast experience in navigating these challenges, acting for landlords, tenants and mortgagees in all claims concerning security of tenure, possession and the termination of tenancies.
TELECOMMUNICATIONS
TELECOMMUNICATIONS
Members of Chambers have the technical experience to act and advise in the field of telecommunications, including in the context of internet, mobile and landline services. Disputes can arise in respect of the nature, scope and termination of licence agreements and ensuring regulatory compliance. Members have experience of acting for both the providers and recipients of telecommunication services.
VALIDITY OF NOTICES
VALIDITY OF NOTICES
The best intentions of both landlords and tenants are frequently derailed by defects in the form and service of notices, for example in possession, break notice and lease renewal claims. Members of Chambers are experienced in acting for both landlords and tenants in respect of the issues that arise with the validity of notices in all contexts concerning commercial and residential tenancies.
Instructing Barristers in Chambers
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Complete a formPaul Bunting on 07971 843023 or Darren Madle on 07769 714399.
