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as the Rolling Stones didn't quite say. In Re 28 Pallant House [2013] UKUT 327 (LC), the Upper Tribunal was faced with an application for permission to appeal out of time. The appellant was the long leaseholder of a flat; LB Southwark was her landlord. There...
By s.87, Leasehold Reform, Housing and Urban Development Act 1993, the Secretary of State has power to approve codes of practice in relation to the management of residential long leasehold blocks. Currently, he has approved (for non-retirement properties)...
Barney v Eastern Green Ltd [2013] UKUT 331 (LC) is a helpful little reminder of the (limited) power of the LVT (FTT(PC)) to review apportionment issues in service charges. In the present case, the landlord had (pursuant to a term in the lease) reapportioned...
Keeney Construction Ltd v Dr Zoe Brooke and others [2013] UKUT 329 (LC) is an odd little case (an opening phrase I tend to use a lot when talking about UT appeals). The substantive issue concerned a lease variation application under s.35, Landlord and Tenant...
There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC). The leaseholders at a development were concerned that their service charges were too high...
BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC B10 (Ch) is important and deserves much wider coverage than it has otherwise got. Before turning to the facts, lets just remind ourselves of the provisons of ss 20, 20ZA, Landlord and Tenant Act 1985. In...
I've never liked the Gower. I recognise that, objectively, it's quite beautiful, but it was ruined for me by a camping holiday as a child. It was cold and wet. The rain was almost biblical in volume. There was nothing to do. And I ran out of books to read....
Last Thursday night, BBC 1 broadcast Meet the Landlords. It's still available on Iplayer, here. It just confirms my view that - save for limited circumstances - one person should not be allowed to own the home of another. Others may have different reactions...
Allocations under Pt.6, 1996 Act. A big topic. A sexy topic. A true behemoth of a topic. And, for reasons that aren't entirely clear to me, a topic that isn't giving us very many cases these days. Which is odd, given the ever-growing tendency by local...
In honour of the birth (in England) of the new FTT(PC), I bring you a little note about case from the UT(LC), all about forgetting old things. Jastrzembski v Westminster CC [2013] UKUT 284 (LC) concerns some major works. The underlying facts are relatively...
Brusse and another v Jahani BV C488-11 is a case from the European Court of Justice concerning Directive 93/13/EEC, better known to us in this country as the Unfair Terms in Consumer Contracts Regulations 1999. In outline, the Directive (and the Regs) apply...
Riniker v Mattey , Divisional Court, June 7, 2013 (Lawtel note only) is another odd little service charge case. The note isn't entirely clear but, so far as I can see, it concerns the little-used Schedule to the Landlord and Tenant Act 1985. If you're...