‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’
BBC News, 10th December 2024
Source: www.bbc.co.uk
‘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”.’
Nearly Legal, 3rd November 2024
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 7th August 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 28th July 2024
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 15th July 2024
Source: nearlylegal.co.uk
‘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.’
Tanfield Chambers, 25th June 2024
Source: www.tanfieldchambers.co.uk
‘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.’
Nearly Legal, 30th June 2024
Source: nearlylegal.co.uk
‘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.’
Kingsley Napley Real Estate Law Blog, 5th June 2024
Source: www.kingsleynapley.co.uk
‘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.’
OUT-LAW.com, 5th June 2024
Source: www.pinsentmasons.com
‘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.’
Nearly Legal, 12th May 2024
Source: nearlylegal.co.uk
‘Some quick notes on various recent (ish) Upper Tribunal decisions.’
Nearly Legal, 10th March 2024
Source: nearlylegal.co.uk
‘The Housing Ombudsman has provided updated guidance on the “often contentious” area of service charges in its latest Insight report.’
Local Government Lawyer, 7th December 2023
Source: www.localgovernmentlawyer.co.uk
‘Brief notes on some recent Upper Tribunal cases.’
Nearly Legal, 17th September 2023
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 29th August 2023
Source: nearlylegal.co.uk
‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘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
‘An unrepresented claimant has won her appeal against lawyers in a negligence case described by the judge as a “stark example” of how attempts to hasten a victory go wrong.
Opening his judgment in Anna Christie v Mary Ward Legal Centre and Anor, The Honourable Mr Justice Turner said: “There is no shortage of civil cases in which well-intentioned attempts to hasten victory have had the very opposite effect. This case is a stark example of what can happen when things go wrong.”‘
Law Society's Gazette, 19th July 2023
Source: www.lawgazette.co.uk
‘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
‘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
‘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
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