Author Archive for J

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Pay attention at the back

By J on 28/02/2012. 0 Comments

Lawton v 55 Elgin Crescent [2012] UKUT 62 (LC) is one of those cases that you read and think “what on earth was the Tribunal doing?” Luckily, the UT(LC) has stepped in to put the matter right. If only the LVT had paid a bit more attention…

Ms Lawton is the leaseholder of a flat in 55 Elgin Crescent. In or around 2004, she paid certain service charge monies on account of major works, which, on her case, had still not been exhausted as she had still not received value for money in respect of the works done. The landlord disagreed.

First LVT case

Proceedings were issued in the … Read the full post

Posted in FLW case note, Housing law - All and Leasehold and shared ownership.

I sublet an apartment on the 99th floor of my block

By J on 26/01/2012. 2 Comments

No prizes for guessing what I was listening to when I decided to write this. I bring you two important cases from the Upper Tribunal (Lands Chamber) about sub-let fees and administration charges:Holding & Management (Solitaire Ltd) v Norton and other appeals [2012] UKUT 1 and Re: Bradmoss Ltd [2012] UKUT 3 (LC). In all cases:

(a) the tenant sought to sub-let their flat; and,

(b) the leases prohibited this without the consent of the landlord/management company.

In some of the leases, there was a further express provision requiring the tenant to pay the costs of the consent and/or a registration fee. In all cases, the landlord/management company sought … Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership and Uncategorized.

Even more exciting

By J on 23/01/2012. 0 Comments

The GLA has been conducting a review of service charges in London (see here for our piece on the original announcement) and, earlier today (Monday, January 23, 2012), held an oral evidence session at City Hall. I couldn’t make it, sadly, but did manage to watch most of it online (the joys of modern technology). The recorded version should be available here, shortly. It was a very impressive debate with considered and intelligent contributions and I recommend it to you. If you have children who can’t sleep, I also recommend it to them.

 

 

 

 … Read the full post

Posted in FLW article and Leasehold and shared ownership.

The best thing in life is free

By J on 22/01/2012. 0 Comments

But, like John Lee Hooker, I need money. It’s one of the reasons (a) I keep a close eye on costs cases and (b) I don’t get involved in the never-ending attempt by law students to get us to teach them about constructive trusts on this blog. Plantation Wharf Management Co Ltd v Jackson and another is a case that falls under the first category. No students here.

Whether a lease allows for recovery of legal costs is not usually a straight-forward proposition. in Sella House Ltd v Mears [1989] 1 EGLR 65, the Court of Appeal indicated that, in general terms, one would need to find a clause … Read the full post

Posted in FLW article, Housing law - All, Leasehold and shared ownership and Uncategorized.

I watch the ripples change their size

By J on 22/01/2012. 0 Comments

…. with the words of Mr David Bowie ringing in my ears, I bring you a decison of the Upper Tribunal (Lands Chamber) all about changes and how and when to make them. In Re: 167 Kingshurst Road [2012] UKUT 4 (LC), the Upper Tribunal was dealing with an appeal against a decision of the Midland LVT  in a case under the Leasehold Reform Act 1967. As you’ll know, the 1967 Act lets certain long leaseholders of houses either acquire the freehold or purchase an extended lease. In the present case, the LVT determined that the price payable for the freehold purchase would be £10,878.

The landlord was dissatisfied with … Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership and Uncategorized.

Leasehold law update

By J on 18/12/2011. 0 Comments

It’s cold, wet and miserable, but at least there is some new leasehold legislation and a case to cheer you up.

The first is the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011, replacing the 2004 regulations of the same name. As you’ll all know, the Right to Manage is where qualifying leaseholders of buildings form a company which can take over the landlord’s management functions; it involves the service of a series of prescribed notices, all of which are dealt with in these new regulations. On a similar note, the RTM Companies (Model Articles) (Wales) Regulations 2011 have also been published, prescribing new forms of model … Read the full post

Posted in FLW case note, Housing law - All and Leasehold and shared ownership.

That must be annoying

By J on 04/12/2011. 0 Comments

Butt v LB Hounslow [2011] EWCA Civ 1372 is, frankly, daylight robbery. You’ll remember that in Bubb v Wandsworth (our note here), the Court of Appeal made clear that the county court on a s.204 appeal should not start finding facts. Ever.

So, we come to Butt. The issue was whether or not the reviewing officer had taken certain matters into account and how the review decision had come to be made, especially, which officer had been involved in that decision. To deal with this issue, the Circuit Judge allowed the review officer to give oral evidence on both issues. And so an appeal to the Court of Appeal. … Read the full post

Posted in FLW case note, Homeless and Housing law - All.
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