Upper Tribunal leasehold cases – Nearly Legal
‘Brief notes on some recent Upper Tribunal cases.’
Nearly Legal, 17th September 2023
Source: nearlylegal.co.uk
Category: leases
Top 3 Cases – Falcon Chambers
‘In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month, the Court of Appeal have been busy and we were spoilt for choice! We’ve selected cases on concurrent leases under the telecoms Code, receivership, and the ability to challenge a decision by the Upper Tribunal to refuse permission to appeal from the First-tier Tribunal.’
Falcon Chambers, 1st August 2023
Source: www.falcon-chambers.com
Leaseholder Causes of Action: Key Points for Busy Practitioners – Tanfield Chambers
‘Hugh Rowan examines three new cases of action under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal
‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’
Nearly Legal, 30th July 2023
Source: nearlylegal.co.uk
Contractual costs in the Tribunal & County Court, with a guest appearance – Nearly Legal
‘The underlying proceedings were a small claim in the County Court by Crescent (via Davidoff as agent) for unpaid service charges against Mr Behjat as leaseholder. It was, apparently, transferred to the FTT for determination of payability and reasonableness of the service charges. It appears that there was then a Tribunal decision, and simultaneous County Court order made by the Tribunal judge sitting as a county court judge.’
Nearly Legal, 10th July 2023
Source: nearlylegal.co.uk
Housing case law update: June 2023 – Local Government Lawyer
‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 7th July 2023
Source: www.localgovernmentlawyer.co.uk
Court of Appeal clears up leasehold confusion – Law Society’s Gazette
‘The Court of Appeal has had the latest say on shared ownership leaseholders’ right to take over the management of their building – an area where the Law Commission has previously said the landscape is unclear.’
Law Society's Gazette, 31st May 2023
Source: www.lawgazette.co.uk
Shared Ownership and Right to Manage – Nearly Legal
‘This was the Court of Appeal judgment on a an appeal related to (but not from) the Upper Tribunal decision in Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Company Ltd & Anor (2020) UKUT 358 (LC) (Our note here). At issue – and it is nice to have a Court of Appeal matter that is simply on a single point of law – was whether shared ownership leases where the lessee has a less than 100% share were long leases, and so qualifying tenants for the purposes of section 76 Commonhold and Leasehold Reform Act 2002.’
Nearly Legal, 30th May 2023
Source: nearlylegal.co.uk
Received wisdom – Local Government Lawyer
‘Matt Hutchings KC, Ranjit Bhose KC and Shomik Datta report on a dispute between two public bodies about the interpretation of a commercial lease, implied terms and estoppel by convention worth over £200m.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Renters (Reform) Bill – overview Part 2 – Nearly Legal
‘Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it. Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn’t really make much of a change to existing law. The Bill adds an implied term that the tenant has a right to request to keep a pet and that the landlord cannot unreasonably refuse such a request. Where the landlord’s own lease forbids pets, or requires the superior landlord’s consent, the landlord is to request this. It is not unreasonable for a landlord to refuse permission if their superior landlord had refused consent, or if the landlord’s own lease forbids pets.’
Nearly Legal , 18th May 2023
Source: nearlylegal.co.uk
Law Commission to review “inflexible” Landlord & Tenant Act 1954 – Local Government Lawyer
‘The Law Commission of England and Wales has announced it will review part of the “inflexible, bureaucratic and out of date” Landlord and Tenant Act 1954.’
Local Government Lawyer, 29th March 2023
Source: www.localgovernmentlawyer.co.uk
Negligence claim over law firm’s ground rent advice dismissed – Legal Futures
‘A circuit judge has dismissed a negligence claim over a London law firm’s alleged failure to give a client proper advice on a how much the ground rent would increase under a lease.’
Legal Futures, 17th March 2023
Source: www.legalfutures.co.uk
New Judgment: Aviva Investors Ground Rent GP Ltd and another v Williams and others [2023] UKSC 6 – UKSC Blog
‘This appeal concerned the validity of a provision in a lease which allows the landlord to revise the proportion of the overall costs of maintaining the wider estate that a leaseholder should pay by way of a service charge.’
UKSC Blog, 8th February 2023
Source: ukscblog.com
Supreme Court clarifies law on leasehold service charges – Law Society’s Gazette
‘Landlords of a block of 38 flats in Swansea, Hampshire, are entitled to vary service charges levied on leaseholders, five Supreme Court justices ruled today in a clarification of part of the Landlord and Tenant Act 1985. The dismissal of the tenants’ appeal was the fourth ruling in a dispute which began when leaseholders objected to the re-apportioning of the charges above those stated on their leases.’
Law Society's Gazette, 8th February 2023
Source: www.lawgazette.co.uk
Building Safety Act 2022: changing the rules on the landlord and tenant relationship, Part 2 – qualifying lease certificates – Practical Law: Construction Blog
‘In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s certificate, designed as a tool for the landlord to communicate with leaseholders as to whether it is “responsible” for defects, or whether it meets the “contribution condition” in the BSA 2022. In this blog, I will focus on the second element of this new framework, the “qualifying lease certificate” or “leaseholder certificate”. The relevant provisions of the BSA 2022 came into force on 28 June 2022, and the related regulations have been in force since 21 July 2022.’
Practical Law: Construction Blog, 25th January 2023
Gove admits ‘faulty’ guidance partly to blame for Grenfell fire – The Guardian
‘Michael Gove has admitted that “faulty and ambiguous” government guidance was partly responsible for the Grenfell Tower tragedy. The UK housing secretary said lax regulation allowed cladding firms to “put people in danger in order to make a profit”.’
The Guardian, 29th January 2023
Source: www.theguardian.com
Insurance premiums and commissions – Nearly Legal
‘Canary RIverside Estate LON/00BG/LSC/2019/0277 (copy decision here via Leasehold Knowledge Partnership). This was the FTT’s decision on an application by the residential leaseholders of the Canary Riverside Estate challenging the insurance premiums they had had to pay over the 10 years since 2010/11.’
Nearly Legal, 8th January 2023
Source: nearlylegal.co.uk
Clicks, pops and nuisance – Nearly Legal
‘Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC). This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go into great detail, but there are two lessons to be drawn.’
Nearly Legal, 6th November 2022
Source: nearlylegal.co.uk
Once more unto the breach – Nearly Legal
‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
Incorrect precedent led to wrong ground rent advice for 115 clients – Legal Futures
‘A solicitor who gave 115 clients the wrong advice about the ground rent provisions in the leases of properties they were buying – because of an incorrect precedent – has been fined £15,000.’
Legal Futures, 10th October 2022
Source: www.legalfutures.co.uk
