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The End of Leasehold Flats? A Breakdown of the Draft Commonhold and Leasehold Bill
Úna Campbell
The recent case of Sparks v Biden, in which the court implied a term into an option agreement, is another case in a long line which highlights the difficulties with agreeing and drafting overage provisions.
Rarely do I write a blog with such personal input or knowledge. However, I am currently going through the exciting (and stressful) process of buying my first flat. I had never before considered that the right to choose my own legal representation would cause an issue for our lender. However, if you are about to embark on this journey I implore you to read on, so you know how to deal with lenders and get the result you need to ensure that this right is not swept from under your feet.
Parties in commercial property transactions tend to agree heads of terms in writing and then leave it to their lawyers to polish the wording of the lease before the tenant goes into occupation.
At the end of July the Government announced a new consultation on the ownership structure of new build Homes in England, following the surge in recent years in new build Leasehold houses.
It is not unusual to see in a long Lease of a residential flat, a Landlord's right to terminate or for the Lease to automatically determine, in the event of damage or destruction of the flat or block where it is not possible to reinstate the block within a certain period, usually 3 years. The lease will then provide for the insurance proceeds to be divided between the Landlord, the Tenant and the other lessees of the block in such proportions as the parties agree, having regard to their respective interests.
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