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20 May 2020 / Jamie Sutherland , Imogen Dodds
Issue: 7887 / Categories: Features , Property
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One Flat, Two Guvnors

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Jamie Sutherland & Imogen Dodds consider overriding leases & enfranchisement
  • HHJ Hellman decides that the reversion in a flat lease is severed by the grant of an overriding lease.
  • Decision has important implications for lease extension claims under enfranchisement legislation.
  • Practitioners need to consider issues pending Court of Appeal decision.

Overriding leases of flats (also known as concurrent leases) are becoming increasingly common. These occur where the landlord of a flat let to an existing tenant grants a new (overriding) lease of the same flat to a different tenant, which takes effect subject to the existing tenant’s original lease, ie with the new tenant of the overriding lease becoming the existing tenant’s direct landlord of the flat. This can raise thorny questions for property practitioners, particularly where the tenant under the original lease seeks to exercise her right to a new lease under Pt I, Ch II of the Leasehold Reform, Housing and Urban Development Act 1993 (the 1993 Act).

In the recent decision in Lupin Limited v (1) 7-11

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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