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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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