A couple of cases involving bad behaviour by landlords/freeholders, both prior to and during proceedings... Kramer v Scudder. Canterbury County Court. 14 August 2025 (unreported. We've seen an unapproved note of judgment. Our thanks to Miranda Grell of...
Catching Up… Part 2
More notes on cases and matters from before, during and after my holiday, in a frantic attempt to get up to date. More to come... The draft Awaab's Law regulations - The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 - have...
Catching up… Part 1
The holiday was lovely, thank you. A couple of degrees hotter than the UK, but with a) the sea 45 seconds from my bed, and b) air conditioned rooms. But it left quite a lot to catch up on of previous backlog and 'while away' things - so, a first instalment...
Oddities and Ends
Sorry for the silence, while the cases to write up have piled up. It has been a busy stretch in and out of work... More thorough write-ups of some cases will follow, but for now, a few brief notes on cases of interest and oddness. Thanks to Doughty Street...
Case notes in passing – adverse possession rules, sale and rent-back, and the evidential burden in service charge disputes
A few brief notes on judgments of interest. Brown v Ridley & Anor (Rev1) (2025) UKSC 7 The Supreme Court considered para 5(4) to Schedule 6 Land Registration Act 2002 on the requirements for an application for registered title through adverse possession...
If it’s not on the list… (unless it is blank)
Uddin & Ors v Notting Hill Genesis (LANDLORD AND TENANT - SERVICE CHARGES - assured tenancies) (2025) UKUT 56 (LC) This was Notting Hill Genesis' appeal from a FTT decision that service charges that it had been charged by the freeholder and in turn had...
Bits of interest
A couple of brief notes on things of interest. Lewis v Francis & Anor (2025) EWHC 17 (Admin) An appeal from the Magistrates Court on a costs award on a failed s.82 Environmental Protection Act 1990 private prosecution. The Magistrates Court had awarded...
New year clear out
A pile of case notes that I've managed to do in the Betwixtmas/Merrineum, hopefully clearing the decks for the new year. It includes right to buy and the intention to return, FTT jurisdiction on rent increases, a council's unlawful interpretation of an...
Assorted notes on bits of interest
Various bits of interest... On 21 November, the Housing Minister Matt Pennycook released a written statement on the Government's plans on Leasehold and Commonhold reform, with an outline timetable. Points to note are that regulations implementing key parts...
Leasehold notes – RTM notices and Rule 13 costs
A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27 The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on "each person...
Unreasonable conduct and a leasehold mess
Zaid Alothman Holdings Ltd & Ors v Better Intelligent Management Ltd & Anor (COSTS - CONDUCT - what amounts to "unreasonable conduct") (2024) UKUT 253 (LC) This was the appellant leaseholders' appeal from an FTT decision refusing them Rule 13 costs...
Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten
Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT - SERVICE CHARGES - recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC) This was an appeal on a leaseholder's challenge to the payability of legal costs...