Residential Purposes

Snarecroft Ltd v Quantum Securities Ltd (2018) EWHC 2071 (Ch) This is a High Court decision from February, but it has just appeared on Bailii. The issue was the construction of a lease term which provided that the tenant must “Following the obtaining of planning consent for residential use, not to use the premises or any […]

Service charge claims – paying trial fees and concurrent jurisdiction

Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018 (not on Bailii. Lawtel note of extempore judgment) CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of […]

A way to deal with delinquent lessors?

A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders. It is a very rare lease that will allow direct enforcement of covenants by leaseholders against other leaseholders, so those suffering from the activities of […]

Catching up – forfeiture & AST regulations

A couple of catch-up/postscript notes. We looked at Cheerupmate2 Ltd v Calce (2017) UKUT 377 (TCC) before – our report here – the landlord’s forfeiture was held to be invalid and premature. Well, Cheerupmate2 Ltd appealed to the Court of Appeal. Cheerupmate2 Ltd v Calce (2018) EWCA Civ 2230 Both parties were still unrepresented. The Court of Appeal held […]

Erratum and forthcoming consultation

A couple of notes. First, an erratum. In yesterday’s post on long leases as ASTs, I originally suggested that once a leaseholder had sublet the whole, assured status was lost and could not be revived. On prompting, I concluded that this was wrong. In fact, if a long leaseholder sublets the whole, then the lease […]

When a long lease is a shorthold.

While on leasehold issues, this has been floating around for a bit, but I don’t think it has had the attention and awareness it deserves (perhaps particularly from conveyancers). With all the fuss/scandal around leasehold houses and multiplying ground rent clauses, a more general issue with long leases and ground rent has been overlooked. The […]

‘Renovations’ and Forfeiture – Don’t do this!

The Times reports on a story of forfeiture of a residential lease (paywall or limited free access). I’m noting this not because of any particular legal complications, but because it is one of the relatively rare examples where forfeiture actually happened. It is also because I got a lot of responses expressing astonishment that such […]

When service charges become indisputable

Marlborough Park Services Ltd v Micha Leitner (2018) UKUT 230 (LC) Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question about how far back a challenge can extend in terms of service charge years. While this Upper […]

Shaken but not successful – the problems of nuisance

Dr Amanda Lindsay v Berkley Homes (Capital) PLC (2018) QBD (TCC) 13/07/2018 (Extempore judgment reported on Lawtel) Dr Lindsay owned a leasehold flat. She had brought a claim (in person) arising out of works to demolish a concrete basement to the building carried out as part of a development. Berkley Homes were the name Defendant […]