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A covenant to repair is not a covenant to modernise

A covenant to repair is not a covenant to modernise Can a leaseholder benefit from a lower premium when extending their lease if their flat is unmodernised?

The Upper Tribunal’s decision in Mountview Estates Plc v W8 Property Ltd [2026] UKUT 196 (LC) provides useful guidance on the condition in which a flat is to be valued when calculating the premium payable for a statutory lease extension.

The case concerned a flat which both parties’ valuers described as “uninhabitable”. The landlord argued that the valuation should nevertheless assume that the flat had been brought up to a clean, modern and readily marketable standard because the lease required the tenant to keep it in “good tenantable repair”.

Mind the registration gap

Mind the registration gap serving a collective enfranchisement notice on the wrong landlord

The High Court decision in Bennets Courtyard Limited v Bennets Courtyard Airspace Limited [2026] EWHC 1119 (Ch) provides an important warning for anyone preparing a collective enfranchisement claim where the freehold has recently been sold.

The case confirms that, during the period between completion of a transfer and registration of the purchaser at HM Land Registry—the familiar “registration gap”—the relevant freeholder for the purposes of the Leasehold Reform, Housing and Urban Development Act 1993 remains the registered proprietor.

A section 13 initial notice served only on the purchaser awaiting registration will therefore be invalid.

That may appear technical. In practice, however, getting this wrong can cause the entire claim to fail.

Reforming the Home Buying and Selling Process – Binding conditional contracts, Home Information Packs Mark II, digitisation and mandatory qualifications and code of conduct for Estate agents

Reforming the Home Buying and Selling Process – Binding conditional contracts, Home Information Packs Mark II, digitisation and mandatory qualifications and code of conduct for Estate agents By Mark Vinall

The Ministry of Housing, Communities and Local Government (MHCLG) has recently published a roadmap setting out its proposals for reforming the residential home buying and selling process in England and Wales.

The stated aim is a familiar one: property transactions are often slow, expensive and uncertain. Buyers and sellers can spend considerable sums on surveys, legal fees and mortgage arrangements, only for a transaction to collapse shortly before exchange of contracts. The Government estimates that hundreds of thousands of transactions fall through each year, resulting in significant wasted costs and frustration.

Right To Manage

Right To Manage

The Upper Tribunal (Lands Chamber) has provided clarification on the meaning of a “self-contained building” for the purposes of the right to manage (“RTM”) under the Commonhold and Leasehold Reform Act 2002 (“CLRA 2002”).

The decision is particularly significant in light of that expansion of the RTM regime. Since 3 March 2025, leaseholders in mixed-use buildings have been able to exercise the right to manage where the non-residential element comprises up to 50% of the building’s internal floor area, compared with the previous 25% threshold.

The English Devolution and Community Empowerment Act 2026

The English Devolution and Community Empowerment Act 2026 Upwards-Only Rent Review Reform and Why Outstanding Reviews Matter Now

The English Devolution and Community Empowerment Act 2026 (“Act”) received Royal Assent on 29 April 2026. Among its most significant commercial property reforms is the proposed prohibition on upwards-only rent reviews (“UORRs”) in business leases.

Although the relevant provisions are not yet in force, the direction of travel is now clear.

The legislation represents a substantial shift in business tenancies practice and may rapidly begin to influence negotiations, valuation assumptions and asset management decisions.

One immediate consequence is that landlords with pending rent reviews under existing leases are likely to rush their conclusion before the ban crystallises.

Court of Appeal grants permission to appeal in Leasehold Reform human rights challenge

Court of Appeal grants permission to appeal in Leasehold Reform human rights challenge

Back in October 2025, the High Court firmly dismissed major UK freeholders’ arguments that certain reforms in the Leasehold and Freehold Reform Act 2024 breached their property rights under Article 1 Protocol 1 (A1P1) ECHR in Arc Time Freehold Income Authorised Fund & others v Secretary of State for Housing, Communities and Local Government [2025] EWHC 2751 (Admin).

King's Speech 2026

King's Speech 2026

Yesterday’s King’s Speech confirmed that the Government intends to continue with further leasehold and commonhold reform legislation during the current Parliamentary session.

The speech itself contained only a brief reference to leasehold reform, stating: “My Ministers will bring forward legislation to increase long-term investment in social housing and to reform the leasehold system, including the capping of ground rents.”

However, accompanying Government briefings and subsequent ministerial commentary make clear that the proposed reforms are intended to go significantly further than the measures already contained in the Leasehold and Freehold Reform Act 2024 (LAFRA 2024).

Renters’ Rights Act 2025 in force and Stamp Duty Land Tax Fix

Renters’ Rights Act 2025 in force and Stamp Duty Land Tax Fix

The Government has announced new legislation to prevent private residential tenants from being swept into the scope of Stamp Duty Land Tax (SDLT) on rent as an unintended consequence of the Renters’ Rights Act 2025 (RRA 2025), which comes into force on 1 May 2026.

The change sits against a dramatic statutory overhaul that substantially strengthens tenant security and increases compliance obligations for landlords.

Landlords attempt to defeat right to manage claim fails - Brickfield Properties Ltd v Oakwood Court Blocks 9 & 10 RTM Company Ltd [2026] UKUT 133 (LC)

Landlords attempt to defeat right to manage claim fails - Brickfield Properties Ltd v Oakwood Court Blocks 9 & 10 RTM Company Ltd [2026] UKUT 133 (LC)

In Brickfield Properties Ltd v Oakwood Court Blocks 9 & 10 RTM Company Ltd [2026] UKUT 133 (LC), the Upper Tribunal (Lands Chamber) has provided welcome clarity on one of the more technical hurdles in multi-block Right to Manage (RTM) claims: whether services can be said to be “independent” for the purposes of section 72(4) of the Commonhold and Leasehold Reform Act 2002.

The right to manage is often perceived to be a low-cost alternative to acquiring the freehold collectively by participating flat owners.

Assured Periodic Tenancies and SDLT: The Implications of the Renters’ Rights Act

Assured Periodic Tenancies and SDLT: The Implications of the Renters’ Rights Act

The Renters’ Rights Act 2025 (RRA 2025) shakes up the traditional structure of residential tenancies – fixed-term assured shorthold tenancies will be abolished and home rentals must instead take place as assured periodic tenancies (APTs) from 1 May 2026.

One elusive but significant consequence of this arises from the interaction between the new tenancy model and the existing Stamp Duty Land Tax (SDLT) regime.

However, what looks like just a shift in tenancy structure could, in practice, pull thousands of renters into scope of SDLT reporting and payment obligations for the first time.

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