Help the aged*

Retirement housing issues aren’t something we cover much on NL, but in late December 2015, there were two interesting** developments. By way of background, many retirement properties/retirement villages sell the flats/bungalows/dwellings on long leases. Those leases commonly provide for “event fees”, i.e. obligations to make (substantial) payments when certain events occur. By far the most […]

Just walk away (beforehand)

A very belated (and brief) note on Arnold v Britton & Ors [2015] UKSC 36, as I have just realised we didn’t cover it. A shameful omission. Our note on the Court of Appeal decision is here. Briefly, the issue was that lease clauses for some (but not all) holiday chalet leases in the Gower effectively […]

Clarity and contractual costs in leases

Geyfords Ltd v O’Sullivan & Ors [2015] UKUT 683 (LC) The issue of the recovery of lessors’ costs of county court and/or Tribunal proceedings from lessees under the service charge has been a hot topic of late. And it seems that there is something of a trend of lessors trying to recover costs under service […]

Freeholders behaving badly and FTT managers

Queensbridge Investments Limited v Lodge & Ors [2015] UKUT 635 (LC) There was quite a simple question at issue in this Upper Tribunal (Land Chamber) appeal – could the FTT appoint a manager to the whole of a building which contained a leased commercial unit as well as three leased residential units? But it is […]

Leasehold disputes and costs

Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually give the landlord/manager a right to recover legal costs, often through a variety of different forms of covenant. These clauses […]

I saw a mouse. Where?…

A semi-guest note on a pest infestation nuisance county court case involving leaseholders. Interesting on both liability and quantum. Ojo & Ojo v London Borough of Hackney. County Court at Clerkenwell & Shoreditch 4 November 2015 The Claimants were secure tenants of the Defendant from 1983 and became leaseholders in 1995. They lived in a […]

Wales – it’s just more appealing

Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales. Imagine, if […]

Do Right To Manage Baby (Do Unto Others)

Triplerose Ltd v Ninety Broomfield Road RTM Co Ltd [2015] EWCA Civ 282 This is a rare treat for our RTM fan (he knows who he is) – a decision of the Court of Appeal on the right to manage provisions in Commonhold and Leasehold Reform Act 2002. I must confess that the decision is […]

‘It did seem to be expensive’

Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC) If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act […]

Service charges, costs and the FTT(PC)

Service charge disputes in the FTT(PC)/LVT are generally regarded as a “no” or “low” costs proceedings. The Tribunals have very limited powers to award costs. In general terms, the FTT(PC) can award unlimited sums in respect of either wasted costs or unreasonable behaviour (r.13, FTT(PC) rules), whilst the LVT (as it remains in Wales) can […]