Insights

In these articles, we will explain the basic concept of overage and the specific events commonly used as trigger points which cause an overage liability to be payable.

In the recent case of Bradley v Abacus Land 2025, the Court of Appeal assessed if a landlord had exercised its discretion unreasonably, in breach of contract. The Court found that, in residential service charge cases, a landlord's decision would be unlikely to be overturned on grounds of reasonableness, unless the decision was one that no reasonable landlord could have made. This case highlights the high threshold leaseholders must meet in residential service charge cases, to successfully challenge a decision as being unreasonable.  

In these articles, we will explain the basic concept of overage and the specific events commonly used as trigger points which cause an overage liability to be payable.

The primary legislation governing fire safety for non-domestic premises, vacant buildings and the common parts of residential buildings is the Regulatory Reform (Fire Safety) Order 2005 (the RRO). The RRO extends not only to buildings but also to external and open areas such as; estate roads and paths, loading bays and car parks.

Climate change is reshaping the property market. Increasingly frequent flooding, storms, heatwaves, and coastal erosion are already affecting properties across the UK. The Environment Agency estimates that one in four properties in England could face flood risk by 2050.

These risks go beyond environmental concerns: they create significant legal, financial, and operational challenges for investors, developers, and occupiers. The Law Society now advises solicitors to treat climate risk as a core element of due diligence in property transactions.

The Landlord and Tenant Act 1987 (LTA 1987) provides certain protections to tenants in residential buildings. One of its most notable provisions is the right of first refusal under section 5, which ensures that qualifying tenants are given the opportunity to purchase the property before a landlord disposes of it to a third party. This article provides an overview of section 5 notices, the conditions under which the Act applies, key exemptions, and the complexities that arise when dealing with mixed-use properties.