Tag Archive for 'Consultation'

Speak up

By J on 27/06/2011. 4 Comments

Southall Court (Residents) Ltd v Tiwari and another [2011] UKUT 218 (LC) will, I suspect, become a bit of a landlord favorite case over the next few years as it contains two passages that they’re likely to be rather pleased about.

Southall Court is a block of 48 flats in Middlesex. The landlord sought a determination under s.27A(3), LTA 1985, that £2,000 (odd) of service charges were payable on account of major works. The LVT found that just under £500 was payable. The main difference relates to roof repairs. The landlord said that the roof needed total replacement. The LVT disagreed, and took the view that the roof could last … Read the full post

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

Dispensing with consultation

By J on 31/01/2011. 4 Comments

We covered Daejan Investments Ltd v Benson and others [2011] EWCA Civ 38 when it was in the Upper Tribunal (Lands Chamber) (our note, here). For a summary of the relevant law and facts, please see that earlier post (slightly lazy, I know, but I am very tired).

Daejan, as  I suspected, pursued the case to the Court of Appeal and their appeal has now been dismissed. It’s a not uninteresting judgment.

The Court of Appeal notes that the primary focus of an appeal is likely to be the decision of the LVT and not the UT(LC), although it would be appropriate to give some weight to the approach … Read the full post

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

Service charges due and payable?

By NL on 05/09/2010. 0 Comments

Staunton v Kaye & Anor [2010] UKUT 270 (LC)

This is a rather confused matter from the Upper Tribunal (Lands) sitting in Manchester. It is made all the more confused by a transcript which muddles parties and at one point suggests the LVT was in error in remitting the matter to itself.

At issue was the payability of a demand for £1,227.47. The questions were variously whether it was a service charge, whether the s.20 Landlord and Tenant Act 1985 notification procedure had been complied with, or could be dispensed with, and particularly whether the demand complied with s.47 Landlord and Tenant Act 1987 (and, on appeal, also s.48 L&T … Read the full post

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

Proposed separation of fact and law…

By NL on 04/06/2009. 5 Comments

The DCLG have issued a consultation paper on ‘dispute resolution’ under the (to be) amended Mobile Homes Act 1983 (which will also have effect for Travellers) The consultation paper can be downloaded from us [PDF]. How to respond is at the back of the document, but responses are required by 9 June 2009 (!)

Amongst the suggestions is the frankly bizarre suggestion that “fact finding role” in possession proceedings be dealt with by Residential Property Tribunals (RPTs) while the “legal role” will be dealt with by the County Court. The DCLG suggests this as a means of addressing residents’ concerns that landlords bring proceedings as a threat or bullying … Read the full post

Posted in Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

Transferred Trespassers

By NL on 01/10/2008. 0 Comments

As it stands, Schedule 11 of the Housing and Regeneration Act will end the existence of tolerated trespassers who meet these conditions:

(i) the home condition is met (ie that the dwelling house remains the ex-tenant’s
only or principal home).
(ii) the ex-landlord is entitled to let the dwelling-house, and
(iii) the ex-landlord and the ex-tenant have not entered into another tenancy after
the date on which the original tenancy ended but before the commencement
date.

This will cover virtually all tolerated trespassers whose landlord has remained the same. They will get a ‘replacement’ tenancy. But what of those where there was a stock transfer, or one RSL was taken … Read the full post

Posted in Housing law - All, secure-tenancy and Tolerated trespasser. Tags: , , .

Having regard…

By J on 24/08/2008. 0 Comments

M & M Savant Limited v Brown and others LRX/26/2006

It is a shame that this case was decided in 2008, and not in 1998 when it would have had a much greater relevance. It contains a comprehensive analysis of s.20 Landlord and Tenant Act 1985 prior to the wide ranging amendments made by the Commonhold and Leasehold Reform Act 2002. Sadly, it is probably now only of interest to those (few) of us with a particular interest in leasehold property disputes.

Mr Brown and the other respondents were the leaseholders of various flats in a block of flats in London, NW7. In 2005, they had applied to the … Read the full post

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