Category Archives: Leasehold and shared ownership

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 case, I had thought it would be more interesting than it has turned out to be.

By way of background,the Right to Manage is, as you know, a right for qualifying leaseholders of flats to form an RTM company and, in broad terms, take over the management of the block of flats. The RTM company serves a claim notice and, if … Read the full post

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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 publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.

The case concerns the powers of the FTT/LVT under the Landlord and Tenant Act 1987. As you may know (and, if you don’t know, this excellent Read the full post

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Disrepair: La luta continua!

2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).

For those carrying out disrepair claims under Conditional Fee Agreements, success fees ceased being recoverable from the Defendant, as did ATE premiums, but, despite … Read the full post

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Moving places

I was reading the report from the Senior President of Tribunals (here) and came across some interesting little bits:

(a) The President of the Lands Chamber in his report notes that he now has a power to make a protective costs order in cases where there is a significant disparity in resources between parties – does anyone know where this power comes from? I confess that I’d not heard of it.

(b) The Lands Chamber is moving buildings in 2014 as well – it’ll have a permanent home in the Royal Courts of Justice.

(c) The President of the FTT(PC) notes that her Tribunal received 10,311 “residential property” … Read the full post

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The Lord Giveth, and the Lord Justice taketh away

Morshead Mansions Ltd v Di Marco [2014] EWCA Civ 96 marks the tragic demise of a clever and useful remedy fashioned by Mann J in the High Court case of the same name (our note here). In brief, ss.21, 22, Landlord and Tenant Act 1985 entitle leaseholders to summaries of costs in respect of their service charges and, in turn, to inspect underlying documents (invoices, etc). The 1985 Act makes it a crime to fail to comply with the obligations in ss.21, 22 (subject to a defence of reasonable excuse). In reality, however, private prosecutions almost never happen and very, very few councils will take action (the local housing … Read the full post

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Three to whet your appetite

The higher courts and tribunals have all been having a busy leasehold-related start to the year. None of these are hugely important, hence doing a short collective note on them. The really important cases will come later this year (Phillips v Francis; Di Marco v Morshead Mansions (No.2))

Sussex Villas v Wan [2014] UKUT 29 (LC) involved a truly awful lease. I don’t really want to talk about the underlying dispute because, frankly, it turns entirely on its own facts (and, as I might have mentioned, awful wording in the lease). The interesting bit is how the UT approached s.20C, Landlord and Tenant Act 1985 (power to prevent … Read the full post

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