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sales of shared ownership properties (the previous guidance was in 2010 and the contact details provided were out of date).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 […]

Landlord Immigration Checks from 1 December

The Home Office has (finally) announced the ‘pilot’ areas for the landlord immigration check requirement under Immigration Act 2014. The areas are Birmingham, Walsall, Sandwell, Dudley and Wolverhampton. The requirement will come in to force in those areas on 1 December 2014, with other areas to follow at unspecified dates in 2015. The equipment will […]

A short note on leasehold costs

The UT(LC) has published an addendum to Daejan Properties Ltd v Griffin [2014] UKUT 206 (LC) (our note here). The substantive case was about historic neglect. In outline, the leaseholders had won in the FTT and the UT overturned the decision, The UT invited written submissions on s.20C, Landlord and Tenant Act 1985 and, in […]

Costs and forfeiture

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 “forfeiture costs” clause in them – something […]

Indecent homes and major works charges

The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014. The upshot of the mandatory directions is that a social landlord which undertakes “repair, maintenance or improvement” wholly or partly funded by (a) the Decent Homes Backlog Funding provided through the […]

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, Leasehold Reform, Housing and Urban Development Act 1993. An introduction to […]

Historic Neglect

  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 […]