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One Flat, Two Guvnors

20 May 2020 / Jamie Sutherland , Imogen Dodds
Issue: 7887 / Categories: Features , Property
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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