Co-ops again …

Often, I will read a judgment with which I disagree; but it is rare that I read one that I think is just plainly wrong.  The judgment of Hildyard J in  Southward Housing Co-Operative Ltd v Walker and Hay [2015] EWHC 1615 (Ch) falls in to the latter category, made all the more odd that it took […]

Dear Occupier

For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. It has been a new realm for me, but I was intrigued by this case, and wiser members of the NL collective have held my hand as I headed down this particular rabbit hole. As a result, this […]

Grants and service charges

This is a very short note (come on its a Friday afternoon) on the recent Upper Tribunal case Oliver v Sheffield City Council [2015] UKUT 229 (LC), 21 May 2015. This was a case concerning a dispute about the payment of a service charge that arose from works carried out by Sheffield City Council on […]

A new approach to improvements

Waaler v LB Hounslow [2015] UKUT 17 (LC) The background to this case is quite familiar to anyone who has been dealing with local authority leasehold service charge disputes over the last few years. Hounslow embarked upon a scheme of major works on an estate where Miss Waaler was one of the leaseholders. The works […]

Nuisance and reasonable steps

As an illustration of the perils of a claim in nuisance, here is Yianni v Shakeshaft [2014] EWCA Civ 1639 [Not on Bailii. We’ve seen a transcript] Ms Y is the leaseholder of a flat below that of Mrs & Mr Shakeshaft, who had a tenant in theirs. There had been repeated leaks, and floods, into […]

Disrepair damages update

With very grateful thanks to Beatrice Prevatt’s annual disrepair update in the December 2014/January 2015 Legal Action, here is a bumper pack of County Court cases and settled cases on damages for disrepair. Armes v Wheel Property Co Ltd, Clerkenwell and Shoreditch County Court, 17 May 2013 Claimant had been the protected tenant of a […]

Shared ownership – new guidance

The CML, NHF, HCA, BSA have produced new guidance on handling arrears and possession sales of shared ownership properties (the previous guidance was in 2010 and the contact details provided were out of date).  I am not sure that there is a huge difference between the 2010 and new guidance – the documents are slight […]

Rooting out heresy

This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you’re not interested in long leasehold law (which, looking at the site stats for most popular pages, is most of you), then look away now. On Friday, the Court of Appeal […]

Cannot undertake to the FTT to patch up bad work

In Nogueira v Westminster the Upper Tribunal had to deal with a rather odd decision of the First Tier Tribunal (called the “F-tT” in the report – an orthography I shall avoid). To cut what must have been a long story short, the case was about major works to a large block. The freeholders had […]

Hedonic regression and relativity

The question of the use of hedonic regression in the calculation of relativity is, I suspect, not breakfast table conversation for some of our readers even if it would appear that in the bars of Chelsea they talk of nothing else. The Upper Tribunal’s decision in Re: 47 Phillimore Gardens (available on the Upper Tribunal […]