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

21121
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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
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A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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