Harassment and hot water for leaseholders

Grateful thanks to September 2019 edition of Legal Action – Housing: recent developments for this one. Whale and others v Maunder Taylor and Northwood Hall RTM Company Ltd, County Court at Central London, May 2019 Mr Maunder Taylor was an FTT-appointed manager of a block of flats. Following his appointment, he decided to go ahead with a […]

Once bitten, twice (or thrice) shy

Moorjani & Ors v Durban Estates Ltd & Anor (2019) EWHC 1229 (TCC) (and also extempore judgment of 30 July 2019, on Lawtel). We have encountered Mr Moorjani before, successfully establishing that in disrepair claims, liability for loss of amenity does not depend on whether the claimant is in occupation of the property (our report). In […]

Gimme Gimme Gimme

Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC) Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our […]

Don’t go changing…

Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC). This is an Upper Tribunal appeal on the meaning of ‘variable service charge’. Mr W had an assured shorthold tenancy of a flat from Guinness. The tenancy agreement provided that the landlord would provide specified services and that the tenant would pay a service charge […]

Song from under the floorboards*

Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch) Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by […]

Landlord’s access and actually turning up

New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC) What counts as ‘refusing access’, where a landlord has a contractual right to access on notice? This rather odd Upper Tribunal case does at least provide a degree of […]

Game of forfeits

Golding v Martin (2019) EWCA Civ 446 It seems to be a bit of a thing, buying a leasehold flat, then leaving it unoccupied, moving abroad and forgetting about rent and service charges. Semi-fortunately for the leaseholder in this second appeal, the outcome was different to this previous example of doing that, but still the […]

Of new tenancy terms and unfortunate neologisms

It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then. Now, as of today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018, (version 2, or 4, depending […]

Alterations, disability and equality

Smailes & Poyner-Smailes v Clewer Court Residents Ltd, Cardiff County Court 30 January 2019 (Unreported but copy of judgment is here). Although only a County Court (Circuit Judge) decision, this is an interesting and potentially significant case on the application of Equality Act 2010 to leasehold covenants. Mr Smailes and Ms Poyner-Smailes bought a two […]