Archive for the 'Leasehold and shared ownership' Category

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Section 20B again…

By S on 27/01/2012. 5 Comments

Om Property Management Ltd. v Burr [2012] UKUT 2 (LC) [not yet on bailii - we've got a transcript] was another case concerning the interpretation of s.20B, Landlord and Tenant Act 1985. Section 20B is of course the provision that renders service charges irrecoverable if the landlord does not demand payment, or at least warn the tenant that a payment will be required, within 18 months of the service charge costs being incurred. Here the Upper Tribunal was required to consider at what point in time service charge costs became incurred.

In November 2007, through no fault of its own, the Appellant management company found itself with a gas bill … Read the full post

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

Vexatious litigants in the LVT

By S on 27/01/2012. 0 Comments

In Attorney General v Singer & Singer, Divisional Court, January 24, 2012 [taken from a lawtel note - not on bailii], the Attorney General sought a civil proceedings order, under s.42, Senior Courts Act 1981, against Mr & Mrs Singer. The effect of such an order is that no civil proceedings or civil applications may be made by the person subject to the order without the leave of the High Court. The High Court may make such an order, on an application by the Attorney General, if satisfied that a person has habitually and persistently instituted vexatious civil proceedings or applications in either the High Court or any inferior court.… Read the full post

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

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.

When everyone agrees

By S on 31/12/2011. 0 Comments

Southwark LBC v Leaseholders of the London Borough of Southwark [2011] UKUT 438 (LC) [not yet on bailii] was an appeal brought by Southwark against the decision of the LVT (our report here) not to grant them dispensation from complying with the requirements of paragraphs 4 and of Schedule 2 to the Service Charges (Consultation Requirements) (England) Regulations 2003 (“the Regulations”) in respect of five major works agreements which the authority had entered into to repair and renew their housing stock.

In case you had forgotten, an agreement between a landlord and a contractor for works to be carried out over a period of 12 months or more … Read the full post

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