Industry comment, updates and news from the Websters team.
Maria Connolly of TLT Solicitors points emphasises that any failure to comply with the absolute terms of a break clause can disentitle a tenant from breaking the lease. This inevitably leads to landlords and tenants arguing over whether they have been properly operated. This lack of certainty benefits neither party, particularly given the time and cost that it takes to settle the issue in court.
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Winckworth Sherwood LLP newsletter notes that landlords with leases granted before the introduction of the layers of statutory protection for flat owners regarding service charge could be set to benefit from a recent legal ruling. The case of St Leonard-on-Sea v John Oram and Mohammed Ghoorun centred on whether the landlord could recover the costs of the extra steps that had to be taken to enforce payment which were not thought of when the lease was granted.
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Ruth Lythe reports in This Is Money that soaring service charges could leave thousands of families seduced by government-backed property schemes at risk of losing their homes. A Money Mail investigation has uncovered how buyers of new-build homes are at the mercy of ruthless property management firms that hike service charges for the upkeep of shared areas at blocks of flats. This can leave buyers struggling to cope with monthly bills and hinder them from saving up to buy a bigger stake in their property.
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