Centuries-old leasehold system to be abolished in England and Wales – The Guardian

Posted March 3rd, 2025 in bills, government departments, housing, leases, news, service charges by sally

‘The housing minister has promised to abolish the centuries-old leasehold system in England and Wales before the end of this parliament, as the government takes the next steps towards an outright ban on new leasehold developments.’

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The Guardian, 3rd March 2025

Source: www.theguardian.com

Case notes in passing – adverse possession rules, sale and rent-back, and the evidential burden in service charge disputes – Nearly Legal

‘The Supreme Court considered para 5(4) to Schedule 6 Land Registration Act 2002 on the requirements for an application for registered title through adverse possession of land adjoining the applicant’s land.’

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Nearly Legal, 2nd March 2025

Source: nearlylegal.co.uk

If it’s not on the list… (unless it is blank) – Nearly Legal

Posted February 25th, 2025 in agreements, landlord & tenant, leases, news, service charges, third parties by tracey

‘Uddin & Ors v Notting Hill Genesis (LANDLORD AND TENANT – SERVICE CHARGES – assured tenancies) (2025) UKUT 56 (LC). This was Notting Hill Genesis’ appeal from a FTT decision that service charges that it had been charged by the freeholder and in turn had sought to charge to its assured tenants were not payable under the tenancy agreements, and also were unreasonable in amount.’

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Nearly Legal, 24th February 2025

Source: nearlylegal.co.uk

Legal centre and barrister cleared of negligence after five-year fight – Law Society’s Gazette

‘The High Court has dismissed negligence allegations which had been hanging over a barrister and legal advice centre for more than five years.’

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Law Society's Gazette, 17th February 2025

Source: www.lawgazette.co.uk

Leaseholders dispute £200,000 maintenance bill – BBC News

Posted December 10th, 2024 in housing, landlord & tenant, leases, news, ombudsmen, repairs, reports, service charges by tracey

‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Leasehold notes – RTM notices and Rule 13 costs – Nearly Legal

Posted November 4th, 2024 in costs, landlord & tenant, leases, news, service charges by tracey

‘A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27. The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on “each person who is a landlord under a lease of the whole or any part of the premises”.’

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Nearly Legal, 3rd November 2024

Source: nearlylegal.co.uk

Charging leaseholders for remedying structural defects – Local Government Lawyer

Posted August 8th, 2024 in defective premises, landlord & tenant, leases, news, service charges by tracey

‘Zoe McLean-Wells analyses a recent Upper Tribunal (UT) decision which considered a landlord’s ability to charge a service charge for works required to remediate inherent structural defects.’

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Local Government Lawyer, 7th August 2024

Source: www.localgovernmentlawyer.co.uk

Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten – Nearly Legal

‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’

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Nearly Legal, 28th July 2024

Source: nearlylegal.co.uk

The meaning of maintenance – Nearly Legal

Posted July 16th, 2024 in appeals, housing, leases, local government, news, repairs, service charges by tracey

‘London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024). This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was payable. It may well have broader significance for charges for building safety works, depending on lease terms.’

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Nearly Legal, 15th July 2024

Source: nearlylegal.co.uk

Triplark Limited v Whale and others [2024] EWHC 1440 (Ch) – Tanfield Chambers

Posted July 4th, 2024 in covenants, leases, news, repairs, service charges by sally

‘Triplark Limited v Whale and others [2024] EWHC 1440 (Ch): a landlord’s works are not within the terms of its repairing covenant where they increase the maintenance burden on the tenant.’

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Tanfield Chambers, 25th June 2024

Source: www.tanfieldchambers.co.uk

Leasehold miscellaneous – Nearly Legal

Posted July 1st, 2024 in fees, forfeiture, landlord & tenant, leases, news, service charges by tracey

‘A few quick notes on various leasehold related cases. Howe Properties (NE) Ltd v Accent Housing Ltd (2024) EWCA Civ 297. Accent Housing levied a management fee on leaseholders which was at flat rate and a) differed by tenure (freehold and assured tenancies were at different rates) and b) was charged as against Accent’s management costs across its whole estate, some 3058 leasehold properties, not just this specific development.’

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Nearly Legal, 30th June 2024

Source: nearlylegal.co.uk

The Leasehold and Freehold Reform Act 2024 – Kingsley Napley Real Estate Law Blog

Posted June 6th, 2024 in bills, enfranchisement, leases, news, rent, service charges by sally

‘The Leasehold and Freehold Reform Act (“the Act”) became law on 24 May 2024. The Act aims to enhance the rights and benefits for homeowners in England. There is, however, debate as to potency of the Act given the absence of the proposed ground rent cap (which had been discussed for some time) and the failure to ban forfeiture of long residential leases.’

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Kingsley Napley Real Estate Law Blog, 5th June 2024

Source: www.kingsleynapley.co.uk

Leasehold and Freehold Reform Act becomes UK law but ‘further detail required’ – OUT-LAW.com

Posted June 6th, 2024 in bills, enfranchisement, leases, news, rent, service charges by sally

‘Leasehold and Freehold Reform Act receives Royal Assent but most of the provisions will not come into force without secondary legislation, which will now be the task of a new government.’

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OUT-LAW.com, 5th June 2024

Source: www.pinsentmasons.com

Don’t dilly-dally on appeals, and mortgage lender paying service charges. – Nearly Legal

Posted May 13th, 2024 in appeals, housing, mortgages, news, repossession, service charges by tracey

‘Santander PLC v Harris (2024) EWHC 351 (KB). This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for £195,308.64 in mortgage arrears. The possession order was in December 2021 so Mr Harris was seeking an extension of time of some 14 months.’

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Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Leasehold Upper Tribunal roundup By Giles Peaker – Nearly Legal

Posted March 11th, 2024 in consultations, housing, landlord & tenant, leases, news, repairs, service charges by tracey

‘Some quick notes on various recent (ish) Upper Tribunal decisions.’

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Nearly Legal, 10th March 2024

Source: nearlylegal.co.uk

Housing Ombudsman issues report setting out key learning and guidance on service charges – Local Government Lawyer

Posted December 8th, 2023 in housing, landlord & tenant, local government, news, ombudsmen, service charges by michael

‘The Housing Ombudsman has provided updated guidance on the “often contentious” area of service charges in its latest Insight report.’

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Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal leasehold cases – Nearly Legal

Posted September 18th, 2023 in housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘Brief notes on some recent Upper Tribunal cases.’

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Nearly Legal, 17th September 2023

Source: nearlylegal.co.uk

Waking watch costs and failing to do Fire Risk Assessments – Nearly Legal

Posted August 30th, 2023 in fire, health & safety, housing, landlord & tenant, news, service charges by sally

‘This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder’s service charge. The freeholder was given permission to appeal an FTT decision that only the first 7 days worth of costs (of almost 4 months worth) was recoverable.’

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Nearly Legal, 29th August 2023

Source: nearlylegal.co.uk

Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers

Posted August 2nd, 2023 in chambers articles, housing, landlord & tenant, news, service charges, tribunals by sally

‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal

Posted July 31st, 2023 in appeals, housing, landlord & tenant, leases, news, service charges by tracey

‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’

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Nearly Legal, 30th July 2023

Source: nearlylegal.co.uk