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Building Blocks: Roberts v Lawton [2016]



In this Building Blocks episode, Richard presents the case of Roberts v Lawton (2016) which caused a monumental shift in rentcharges, causing chaos in the world of domestic conveyancing and commercial property. Richard describes the history of rentcharges, the Law of Property Act 1925, and the possible consequences of failing to pay the rentcharge, as s.121(4) states that rent charges are to be paid within 40 days of becoming due, whether demanded or not.


If you did not pay your rentcharge, all of which in this case were between £6-£14, the Company who managed the rentcharges would take a 99-year lease over your property (which means that you cannot sell, or mortgage your property) and so would make large sums of money agreeing to surrender these leases. The question in this case was the legality of such a practice.

 

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ABOUT DAVITT JONES BOULD

As the largest, most experienced law firm specialising in real estate in the UK, we have been trusted advisors to the real estate market for 25 years. We have over 75 lawyers, all of whom joined us from senior in-house or private practice roles, and bring an average of 25 years’ post qualification experience each. With their expertise and commercial experience, we advise a prestigious client base in the public and private sector on the full spectrum of real estate legal issues, including commercial property, planning, property litigation, construction, environment, real estate finance and other related areas. Operating in our specialist area uniquely positions us to help other professional firms, and through our Real Estate Support solution we support teams in the silver circle, UK Top 30, US Top 50, the Big Four and beyond.

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