Cloisters Business Centre Management Company Ltd v Anvari & Anor (2026) EWCA Civ 17 A Court of Appeal decision on the application of 'dwelling' in section 38 Landlord and Tenant Act 1985, and so whether sections 18 to 27A, the service charge protection...
AI issues in the First Tier Tribunal (Property Chamber) and Upper Tribunal (LC)
As issues with the use of LLM generative AI in submissions in cases continue to arise, it is perhaps not surprising that the FTT(PC) appears to have had its share of such problems. What is perhaps more surprising is that it seems to have been largely on the...
New Year clear up – shrinking the backlog
A happy New Year to you all. It is going to be an interesting one on any measure. I've had a few days off, and so, in an attempt to enter 2026 with a clearer conscience and a lot fewer browser tabs open, I've been working on the backlog of cases I've been...
Catching up – leasehold issues
From 27 December 2025, no lease of more than 21 years is capable of being an assured (or assured shorthold) tenancy, as the relevant part of the Renters Rights Act 2025 came into force. This means that the ‘AST trap’ for long leases with a ground rent that...
Tidings (various) and a gift
As we head into some time off (and a chance to rest my RSI) I bring you a couple of tidings, not necessarily of comfort and joy, of things for the new year. And a bit of a gift for Christmas. After Christmas, I'll see about some of the backlog of reports. In...
Men (and women) behaving badly
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...