‘The Supreme Court has refused the City of London Corporation permission to appeal in a dispute with leaseholders of a tower block over whether certain repairs to their homes were chargeable to them, it has emerged.’
Local Government Lawyer, 15th August 2022
Source: www.localgovernmentlawyer.co.uk
‘In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively important in legal terms, but I can promise at least two or three jaw drops per judgment, and you may find you have spent days down the rabbit holes.’
Nearly Legal, 12th July 2022
Source: nearlylegal.co.uk
‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’
Nearly Legal, 21st June 2022
Source: nearlylegal.co.uk
‘This briefing considers debate about responsibility for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. It covers provisions in the Building Safety Act 2022.’
House of Commons Library, 9th June 2022
Source: commonslibrary.parliament.uk
‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’
Nearly Legal, 15th May 2022
Source: nearlylegal.co.uk
‘The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation requirements on the basis that the freeholder “had started the consultation process and had kept the leaseholders of flats in the block informed until the works became sufficiently urgent that the respondent had had to carry them out without waiting for the consultation to be completed.”’
Nearly Legal, 3rd April 2022
Source: nearlylegal.co.uk
‘The Department for Levelling Up, Housing and Communities is seeking views on the reform of the residential leasehold and commonhold system in England and Wales.’
Mills & Reeve, 14th February 2022
Source: www.mills-reeve.com
‘FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can’t say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company directors and the Law Commission into a bit of a spin.’
Nearly Legal, 15th January 2022
Source: nearlylegal.co.uk
‘In a key ruling on the “right to manage” and wider estate facilities, the Supreme Court has overturned the Court of Appeal’s ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.’
Local Government Lawyer, 12th January 2022
Source: www.localgovernmentlawyer.co.uk
‘New legislation will protect leaseholders from the costs of all post-Grenfell building safety defects, not just combustible cladding, the government has said.’
The Guardian, 10th January 2022
Source: www.theguardian.com
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’
Nearly Legal, 30th November 2021
Source: nearlylegal.co.uk
‘This briefing paper outlines the main provisions of the Leasehold Reform (Ground Rent) Bill 2021-22 and the key issues raised during consideration in the House of Lords.’
House of Commons Library , 25th November 2021
Source: commonslibrary.parliament.uk
‘Safety advice that has left thousands of households unable to sell their homes after the Grenfell Tower fire will be withdrawn by Christmas, Michael Gove has announced.’
The Guardian, 8th November 2021
Source: www.theguardian.com
‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’
Law Society's Gazette, 11th October 2021
Source: www.lawgazette.co.uk
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