service charges – Page 4 – Current Awareness

Camden LBC v Morath [2019] UKUT 193 (LC) – Tanfield Chambers

Posted December 4th, 2019 in landlord & tenant, leases, news, service charges by sally

‘The First-tier Tribunal had been correct to refuse a local authority landlord’s application under the Landlord and Tenant Act 1987 section 35 to vary 28 subleases granted to the occupiers of flats. The fact that those sublessees made a lower contribution by way of service charges to the landlord’s expenses than the sublessees of other flats in the same development did not mean that their subleases failed, for the purposes of section 35(2), to “make satisfactory provision” for the recovery of expenditure.’

Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Councils and housing associations “face multi-million pound refunds to tenants after water re-selling test case in High Court – Local Government Lawyer

Posted December 3rd, 2019 in compensation, housing, landlord & tenant, local government, news, service charges, water, water companies by tracey

‘Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.’

Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal

Posted November 7th, 2019 in costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’

Nearly Legal, 5th November 2019

Source: nearlylegal.co.uk

Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, forfeiture, housing, landlord & tenant, news, repossession, service charges by sally

‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’

Tanfield Chambers, 29th October 2019

Source: www.tanfieldchambers.co.uk

Right to manage still extends across shared estate, despite practical difficulties – Tanfield Chamber

Posted September 4th, 2019 in landlord & tenant, news, service charges by sally

‘Property analysis: A right to manage (RTM) company succeeded in its claim in the First-tier Tribunal (FTT) that the tenants of a block of flats which was part of a larger estate no longer had to pay an estate charge to the management company of the estate because the RTM company had already acquired the right to manage the estate as appurtenant property. The freeholder appealed to the Upper Tribunal and unsuccessfully sought to persuade it that the 2012 Court of Appeal Gala Unity decision on this point was wrong.’

Tanfield Chambers, 30th August 2019

Source: www.tanfieldchambers.co.uk

Mother and son beat autistic man to death with rocks and branches because he used footpath on their land – The Independent

Posted August 13th, 2019 in autism, malicious falsehood, murder, news, sentencing, service charges by tracey

‘A mother and son have been been handed life sentences after murdering a marathon runner who crossed their land. Carol Dawson, 72, and Scott Dawson, 41, shot Gary Dean in the back with an air rifle and beat him with rocks and branches in a premeditated attack, a court heard.’

The Independent, 12th August 2019

Source: www.independent.co.uk

Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by tracey

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk

Council wins Upper Tribunal battle over service charge and replacement central heating – Local Government Lawyer

Posted March 7th, 2019 in housing, interpretation, landlord & tenant, leases, local government, news, repairs, service charges, tribunals by tracey

‘The Upper Tribunal (Lands Chamber) has ruled that the London Borough of Southwark can recover a service charge for work in a leaseholder’s flat after the First Tier Tribunal (FTT) said nothing was payable.’

Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Service charge claims – paying trial fees and concurrent jurisdiction – Nearly Legal

Posted November 12th, 2018 in fees, jurisdiction, leases, news, service charges by tracey

‘Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018. CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of time and this was granted. However CHG then brought a claim in the county court against H for non payment of service charges over a five year period.’

Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

When service charges become indisputable – Nearly Legal

Posted August 22nd, 2018 in default judgments, landlord & tenant, news, service charges, striking out by sally

‘Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question about how far back a challenge can extend in terms of service charge years. While this Upper Tribunal decision is not a complete answer, it does address some of the ways in a which a service charge can become unchallengeable.’

Nearly Legal, 19th August 2018

Source: nearlylegal.co.uk

Whose jurisdiction is it anyway? – Nearly Legal

Posted June 29th, 2018 in jurisdiction, news, repossession, service charges by tracey

‘Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC). As many readers of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a need to engage with two of these entities (namely the County Court and the First Tier Tribunal) in the same matter. This situation arises particularly where a money judgement or possession order is sought for non-payment of service charges and is defended on the basis that the charge is unreasonable or excessive. This question is properly a matter for the FTT and under s176A of the Commonhold and Leasehold Reform Act 2002 the County Court may transfer to the FTT “so much of the proceedings as relate to the determination of that question”. This is an enormous amount of hassle and in an effort to improve the situation there has been a CJC-led pilot running whereby FTT Judges (all of whom are also County Court judges by virtue of s5, County Courts Act 1984) actually sit “double-hatted” dealing with the FTT and Courts aspects in one go. This has been described in an entertaining speech by Vos LJ as a “sticking plaster” and is one of the reasons for calls for reform and a single Housing Court (although see NL on that topic here).’

Nearly Legal, 28th June 2018

Source: nearlylegal.co.uk

The costs of dangerous cladding – leaseholders position – Nearly Legal

Posted March 27th, 2018 in costs, health & safety, housing, landlord & tenant, news, repairs, service charges by tracey

‘First Tier Tribunal LON/00AH/LSC/2017/0435 – Firstport Property Services Ltd v various leaseholders of Citiscape. We previously saw the Salford decision on the costs of a ‘waking watch’ in a tower with ‘Grenfell’ style cladding, but this was the first, keenly awaited, decision on the liability of leaseholders of an affected building (here in Croydon) to pay for the costs of removal and replacement of such cladding under their leases.’

Nerarly Legal, 26th March 2018

Source: nearlylegal.co.uk

Homeowners battle freeholder over £20,000 ‘Grenfell bill’ – Daily Telegraph

Posted March 5th, 2018 in housing, landlord & tenant, London, news, repairs, service charges, tribunals by tracey

‘Residents of a luxury north London apartment block are battling their freeholder over who should pay a multi-million-pound bill to replace dangerous Grenfell-style cladding, and for the wages of fire marshals.’

Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Westmark (Lettings) Limited v Peddle & Ors [2017] UKUT 449 (LC) – Tanfield Chambers

Posted January 9th, 2018 in appeals, costs, landlord & tenant, news, service charges, tribunals by sally

‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’

Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Iris Hyslop v 38/41 CHG Residents Co Limited [2017] UKUT 398 (LC) – Tanfield Chambers

Posted December 8th, 2017 in appeals, landlord & tenant, news, service charges, time limits, tribunals by sally

‘The First Tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.’

Tanfield Chambers, 1st December 2017

Source: www.tanfieldchambers.co.uk

Incurred and incurred again – Nearly Legal

Posted December 4th, 2017 in appeals, costs, landlord & tenant, leases, local government, news, service charges, time limits, tribunals by sally

‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’

Nearly Legal, 1st December 2017

Source: nearlylegal.co.uk

Excessive service charges and what to do about them – 4 KBW

Posted November 24th, 2017 in news, service charges by sally

‘Service charges are fees that homeowners often commit to pay under the terms of the lease they enter into when they purchase their homes.[1] They are increasingly common in share-of-freehold properties, and commonly include the costs of insurance, lighting, maintenance, cleaning and the repair of common parts such as lifts and gyms, as well as fees for the purchase, sale, sublet or alteration of a flat. They can also effect the purchase of some freehold properties.’

4 KBW, 14th November 2017

Source: www.4kbw.net

JLK Limited v Emmanuel Chiedu Ezekwe (and others) [2017] UKUT 277 (LC) – Tanfield Chambers

Posted August 22nd, 2017 in appeals, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal upheld the First Tier Tribunal’s decision that units of accommodation designed for students were ‘dwellings’, but overturned the decision that such units were ‘separate dwellings’. As such, the FTT did not have jurisdiction to determine the amount of service charges payable by the units’ leaseholders under sections 18 to 30 of the Landlord and Tenant Act 1985.’

Tanfield Chambers, 31st July 2017

Source: www.tanfieldchambers.co.uk

Corvan (Properties) Limited v Maha Ahmed Abdel-Mahmoud [2017] UKUT 228 (LC) – Tanfield Chambers

Posted August 22nd, 2017 in agreements, landlord & tenant, leases, news, service charges by sally

‘The FTT had correctly ruled that a management agreement was for a term of more than twelve months, and therefore a long-term qualifying agreement for the purposes of s.20 of the Landlord and Tenant Act 1985.’

Tanfield Chambers, 31st July 2017

Source: www.tanfieldchambers.co.uk

Cant Pay – Nearly Legal

Posted July 24th, 2017 in evidence, housing, landlord & tenant, leases, local government, London, news, service charges by sally

‘It is rare, if we are entirely honest, for a First Tier Tribunal decision on service charges to be exciting. It is even rarer for there to be mystery and police raids, and “Immunity from Treason” notices, and debts of “Trillions of pounds”, and something called an ‘equity lawyer’. Yet here they all are, and more, in what on the face of it was a dispute over annual service charges of about £1200.’

Nearly Legal, 23rd July 2017

Source: nearlylegal.co.uk

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