Tag Archive for 'Leasehold Valuation Tribunals'

Service charges up, enfranchisement down: some LVT statistics

By Francis Davey on 27/12/2009. 0 Comments

As food for reader’s thought as 2009 draws to an end, a quick comment on a recent written answer given to the Shadow Housing minister Grant Shapps. Since many readers’ will be full of seasonal fare I thought some pictures rather than words would be more apt.

Graph of leasehold business in the LVT

Our first picture shows a turnaround in the core leasehold work carried out by the LVT with enfranchisement and lease extension applications down and service charge disputes up. The fall in old LVT work probably stems from the collapse in the housing market and poor availability of credit. I would like to think that better publicity of the service charge jurisdiction has … Read the full post

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

Leasehold law update

By J on 14/11/2009. 0 Comments

This is another of the (irregular) updates on matters relating to leasehold property, leasehold valuation tribunals and the like.

First up, those practicing in this field should note the the Right to Manage Companies (Model Articles) (England) Regulations 2009 SI 2009/2767 and the guidance issued by the DCLG on the Regulations. The Commonhold and Leasehold Reform Act 2002 confers on qualifying leaseholders of flats a right to establish and join a “Right to Manage company” (RTM company) which can then exercise the management functions of the freeholder. The RTM company is a “normal” company and was previously required to have articles and a memorandum of association. The Companies Act 2006… Read the full post

Posted in FLW article, FLW case note and Leasehold and shared ownership. Tags: , , .

Forfeiture and the LVT

By J on 26/07/2009. 0 Comments

By virtue of s.81 Housing Act 1996 and s.168 Commonhold and Leasehold Reform Act 2002 a landlord may not seek to forfeit a residential long lease unless the breach (whether to pay rent, service charges, administration charges or other breach of covenant) has been admitted by the tenant or determined by inter alia, an LVT.

In addition, by s.167 Commonhold and Leasehold Reform Act 2002 (and the regulations made thereunder), a landlord may not bring proceedings for forfeiture where the debt owed is less than £350.

In Glass v McCready LRX/122/2008, the LVT managed to confuse itself with the interplay between these two provisions and has had to be … Read the full post

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

What is a service charge?

By J on 11/12/2008. 9 Comments

Morshead Mansions Ltd v Leon Di Marco [2008] EWCA Civ 1371

Service charges. Much more interesting than tolerated trespassers. Honestly.

Sections 18 – 30 Landlord and Tenant Act 1985 contain a detailed regulatory framework for service charges in residential property. In broad terms, leaseholders can dispute their service charges if they are said to be unreasonable in some way. (For those of you who want a detailed discussion of this area, see Davey & Bates Leasehold Disputes, 2nd Edition, April 2008).

What, however, is a service charge? By s.18 of the 1995 Act, a service charge is “an amount payable by a tenant of a dwelling as part of … Read the full post

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

Surely your best point is…

By J on 10/08/2008. 2 Comments

Swanlane Estates Ltd v Woods and others LRX/159/2007 (.pdf)

This case concerns the not uncommon situation of a court or tribunal (in this case, a Leasehold Valuation Tribunal) taking a point which the applicant / claimant had not expressly pleaded and the respondent / defendant then losing the case on that very point.

Mr Wood and a number of his fellow leaseholders applied to the Leasehold Valuation Tribunal (LVT) for a determination of their service charge liabilities for the years 2004 – 2007. The extent of the challenge was described as “request fully detailed itemised dated of each charge on list (this had not been forthcoming) assess what should be … Read the full post

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