Category Archives: Leasehold and shared ownership

Historic Neglect

historicneglect

 

Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders along the way.

This concerned a 3 storey Victorian property in Barnet, with shops on the ground floor and 18 flats above it. “Access to the upper floor flats is by a walkway along which runs a parapet wall supported by concealed steel beams.  For very many years the steel beams corroded, unobserved and unrepaired, until in 2008 one of them failed and threatened to tip the parapet into Cricklewood Lane.  Emergency repairs were carried out … Read the full post

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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 Ltd had the remainder of a 999 year lease (running from 1913, so, in practice, loads of time remaining). The lease did not prohibit residential use, but did contain a covenant against alterations without the consent of the landlord. By virtue of the Landlord and Tenant Act 1927 (s.19), that consent could not be unreasonably withheld.

Bolsover applied for consent to convert the building into 16 … Read the full post

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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 landlords, itself a very contentious issue). Well, in Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC), the Upper Tribunal has given an unqualified endorsement of terrorism insurance and, in the process, may well have greatly extended the number of properties which are now required to obtain such insurance.

The case concerns a development of 13 flats in Swindon. The appellant is the freeholder and, under … Read the full post

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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 development of three blocks of flats. It was developed by Countryside Properties (UK) Ltd, who were also the original landlords under all the long leases. Once the leases had been created, the freehold was transferred to the appellant.

During CPLs period of ownership, there had been an agreement with Thames Water to supply, well, water, to the blocks. That agreement wasn’t assigned to the appellants but … Read the full post

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Don’t ask the surveyor

Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes.

Many residential leases for flats divide up the total service charge bill between flat owners in some fixed proportion. For example in a block of four flats, each flat might bear a quarter of the service charge bill but where the flats are different, for example where some are larger than the others, a different percentage might be written into each lease based on some criterion that seemed reasonable at the time, floor area being one popular benchmark.

If those percentages do not … Read the full post

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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 note, here).

It concerns the approach to be taken to permission to appeal applications in the UT(LC) in respect of FTT matters in England.

Before the introduction of the FTT, the various tribunals which were subsumed into the FTT had a range of appeal rights. The RAC (fair rents) appealed to the High Court, “on a point of law” (s.11, Tribunals and Inquiries Act 1992). The … Read the full post

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