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...
The future beckons…
So, the King's Speech today (17 July) and the legislative programme of the new government. What does it hold for housing? There were few surprises, I suppose, given the Labour manifesto commitments, but we can now be sure that two housing/leasehold related...
The meaning of maintenance
London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024) This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was...
Leasehold miscellaneous
A few quick notes on various leasehold related cases. Howe Properties (NE) Ltd v Accent Housing Ltd (2024) EWCA Civ 297 Accent Housing levied a management fee on leaseholders which was at flat rate and a) differed by tenure (freehold and assured tenancies...
Shared Ownership, assured shorthold and long leases. The mess continues.
Sovereign Network Homes v Ms Vanessa East, Claim Number H01W1247 (13 May 2024, Central London County Court). Thanks to Landmark Chambers for their note on this case. This was a county court appeal of a first instance decision to allow an application to...
Goodbye to all that?
So, a 4 July general election it is. Dissolution of Parliament will be on 30 May 2024. If Sunak hasn't already dissolved. Wash-up - pushing through remaining legislation in the course of going through Parliament, has to be completed by 24 May, when...
Don’t dilly-dally on appeals, and mortgage lender paying service charges.
Santander PLC v Harris (2024) EWHC 351 (KB) A quick note on a sad case. This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for...
Leasehold Upper Tribunal roundup
Some quick notes on various recent (ish) Upper Tribunal decisions Crisplane Ltd v Plymouth Community Homes Ltd (LANDLORD AND TENANT - SERVICE CHARGES - liability of lessee under right to buy leases to contribute to cost of repairing roof - s.139 and Sch.6,...
Thin gruel, delayed expectations, and welcome absences – the King’s Speech
A couple of case reports are on the go, but maybe significantly delayed, I'm working up to moving house next week, and physically and mentally, everything is all over the place and probably in the wrong box. But we have to note the King's Speech and the...