Tag Archive for 'LVT'

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Forms and formalities

By J on 18/09/2011. 0 Comments

Gateway Property Holdings Ltd v 6-10 Montrose Gardens RTM Co Ltd [2011] UKUT 349 (LC) is a rare creature – a decision of the Upper Tribunal (Lands Chamber) on a Right to Manage issue. It also appears to be the UT(LC) debut for HHJ Walden-Smith.

As you’ll know, the Commonhold and Leasehold Reform Act 2002 created a “no fault” right to manage process, whereby qualifying leaseholders of residential buildings could acquire the management of their building via the vehicle of an RTM company. The process starts with the formation of the RTM company (often by a number – but rarely all – of the leaseholders) and then, before giving notice … Read the full post

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

Three for the LVT mavens

By J on 05/09/2011. 1 Comment

I promised to write the second of these case reports a week ago. Mea culpa. Still, by delaying, I’ve managed to find two other cases to include. So, without further ado…

Ayres and others v Roberts and others

In All’s Well That Ends Well (Act.1, Scene 1), Shakespeare urges us to “love all, trust a few.” Wise words indeed, and very apt for the case of Ayres and others v Roberts and others CHY09726 (Central London CC; transcript via Westlaw), where HHJ Cowell has pointed out that the LVT is sending misleading and legally inaccurate information to litigants. How so? Well…

The Leasehold Reform, Housing and Urban Development Act … Read the full post

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

Unaccompanied Service Charge demands

By J on 15/08/2011. 5 Comments

Tingdene Holiday Parks Ltd v Cox and others [2011] UKUT 310 (LC)

By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be “accompanied” by a summary of rights and obligations of tenants in relation to the same. The form of that summary is prescribed by the Service Charges (Summary of Rights and Obligations, and Transitional Provisions) (England) Regulations 2007 (as amended; similar provisions exist in Wales). In the present case, demands were sent in 2008 and 2009 but the prescribed information was not sent until shortly afterwards. The LVT found that this was not compliance with s.21B, 1985 Act, as the prescribed information … Read the full post

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

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: , , .

Moving time

By J on 20/06/2011. 0 Comments

Ok, this really is a short note. The Residential Property Tribunal Service (those nice people who run LVTs, RACs and RPTs) have announced that, from July 1, 2011, they will be administered by HM Court and Tribunal Service and that, from Spring 2012, they will become the Property, Land and Housing Chamber of the Tribunal system (effectively, the First Tier Tribunal, with appeals to the Upper Tribunal (Lands Chamber)). This second change will have the effect of closing a very technical lacuna in the routes of appeal provisions in the Commonhold and Leasehold Reform Act 2002, which didn’t fit well with the Tribunals Courts and Enforcement Act 2007.

The announcement … Read the full post

Posted in 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: , , , .

Take only what you need

By J on 14/01/2011. 0 Comments

Hemphurst Ltd v Durrels House Ltd [2011] UKUT 6 (LC) is, I suspect, going to go on appeal to the Court of Appeal. Certainly, if you practice in the field of leasehold enfranchisement, it’s one you’ll want to know about as it’s pretty important.

In general terms, qualifying tenants of flats have a right to collectively enfranchise the freehold of the building containing their flats (Leasehold Reform, Housing and Urban Development Act 1993). Where there is an intermediate leasehold interest of any flat, the qualifying tenants are obliged to purchase that interest (s.2(1)(a), 1993 Act). Where there is a separate lease of any common parts (or appurtenant property) then, in … Read the full post

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