Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber). It came out a few weeks ago and I've been promising to do it since then. Sorry. You'll be aware that most, if not all leases, have a...
Simply unacceptable
Most, if not all, of the London-based readers of this blog will have experience of the "unassigned list" at Central London County Court. In short, a number of cases (today, as I understand it, at least three s.204 apppeals and a sub-letting possession...
Register your s.13 notices
The title of this post lacks much creative input, but sometimes it's better to be clear than amusing. The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13,...
Mortgage possession defences
I can distinctly remember my university lectures on mortgages. Not the content - I don't think I ever really understood that - but the "gap" that existed (and still exists) between the popular understanding of what a mortgage is and what, in law, it amounts...
In the garden of Eden
Lawtel had an interesting note on a permission to appeal case earlier this week - Mount Eden Land Ltd v Bolsover Investments Ltd (Ch.D, 20.6.14). Mount Eden Land Ltd (also known as the Langham Estate) had the freehold of an office block. Bolsover Investments...
Come friendly bombs…
Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for...
Former landlords and s.20B LTA 1985
In Ground Rents (Regisport) Ltd v Dowlen [2014] UKUT 144 (LC), the Upper Tribunal (Lands Chamber) had to – once again – grapple with s.20B, Landlord and Tenant Act 1985. The facts are quite straightforward. Imagine, if you will, that there is a modern...
An interim measure
Fisher v Howard De Walden Estate Ltd RAP/19/2013 is that rare thing - a citeable permission to appeal decision from the UT(LC) (remembering that in Re Bradmoss [2012] UKUT 3 (LC), the UT(LC) had disapproved of reliance on permission decisions, see our brief...
The UKIP-ification of law
Or, why Nigel Farrage doesn't need to worry about that house-load of Romanians moving next door to him once the Immigration Act 2014 comes into force. The Immigration Act 2014 received Royal Assent on May 14, 2014 and, as is obviously the case for an...
The Tenant (Super)Strikes Back
As we noted when writing up Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (see our note, here), the case left open an interesting - and important - question. If a fixed term has expired and a statutory periodic tenancy arisen, do the requirements in s.213,...
You don’t just walk away
R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast - a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this...
Gonna get myself arrested
Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I've come across recently (transcript not publicly available; I've got one and am trying to persuade the Landlord and Tenant Reports to...