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England and Wales property disputes: RTM strict compliance; residential tenancy rulings; service charges; covenant modification; fire safety enforcement; injunctions; insolvency and equity of exoneration; Welsh RSL framework—14 August 2025

Published on: 14 August 2025

Published by a LexisNexis Property Disputes expert
Legal News
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In this issue:

  • Enfranchisement and right to manage
  • Residential tenancies
  • Repairing obligations and dilapidations
  • Easements and covenants
  • Leases and licences
  • Disputes and remedies
  • Service charges
  • Enforcing security and property insolvency
  • Additional Property Disputes updates
  • Daily and weekly news alerts
  • New and updated content
  • Dates for your diary
  • Latest Q&As

Enfranchisement and right to manage

Court of Appeal on right to manage, strict procedural compliance and equitable tenancies (Avon Freeholds Limited v Cresta Court E RTM Company Ltd)

The Court of Appeal determined that an RTM company’s claim notice was ineffective because the company had not satisfied section 78(1) of the Commonhold and Leasehold Reform Act 2002. In particular, it failed to deliver a notice inviting participation to an equitable long lessee before issuing the claim notice. The Court affirmed the Upper Tribunal (Lands Chamber)’s conclusion that a tenant holding an equitable long lease during the “registration gap” qualifies as a “qualifying tenant” for the purposes of CLRA 2002, section 75, so long as there is no legal titleholder of that lease...

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

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