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...
Genuinely exciting
I've been away at a stag weekend for the last few days. I therefore recognise that it is possible that my sense of what is (and is not) exciting and fun may be slightly warped, as I try to re-adjust to polite society. I was, however, genuinely excited last...
A round-up from the UT(LC)
The Upper Tribunal (Lands Chamber) has been rather busy recently, handing down four housing-law related decisions in the last fortnight or so. The first three are service charge disputes, whilst the fourth is a lease variation case. In Tunstill v Primrose...
Service charge demands and prescribed information
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, setting out the various rights and options open to leaseholders. In England, that provision has been in force...
Back in the consulting room
R (Peat and others) v Hyndburn DC [2011] EWHC 1739 (Admin) is the first successful challenge to a selective licensing scheme. We've previously covered the permission hearings (here and here). It's quite a fun judgment to read, if only for the absolute...
A sorry tale
Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal. M was the occupier of a property which had...
Service charges and legal costs: a very short point
The Upper Tribunal (Lands Chamber) has recently handed down two cases on insurance premiums and service charges. I'm not going to deal in any detail with either of them, as both are entirely on their own facts. However, in one case Akorita v Marina Heights...
The degree of formality
... and, no, we're not talking about meeting the in-laws; rather, we've *finally* got a High Court decision on the requirements of s.20B(2), Landlord and Tenant Act 1985. This, in short, requires landlords to either demand service charges within 18 months of...
Service charges and dispensation: an update
I'm led to believe that the landlord in Daejan Investments Ltd v Benson (our post here) has been given permission to appeal to the Supreme Court. Nothing confirmed on the UKSC website yet, but my source is usually quite reliable. I'm going to go out on a...
Materiality, weight and the plans of the Secretary of State
R (Cala Homes (South) Ltd) v Secretary of State (No.2) [2011] EWCA Civ 639 is one that we may have missed when it first came out (or we decided not to do it - we can't quite remember now), but, given that I have some free time this morning, I thought I'd do...
Time is on my side (except in mortgage possession proceedings)*
Jayashankar v Lloyds TSB, Romford County Court, June 29, 2011. A short - and important - point on mortgage possession proceedings. It appears that Mr Jayashankar had a mortgage over his property in favour of Lloyds TSB. He fell into arrears (about £14K at...
Speak up
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...