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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...
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...
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...
Gibbs v Lakeside Developments Ltd (2018) EWCA Civ 2874 Oh dear... Behind the key point in this case lies a history of unfortunate things. But what fell to be decided by the court of appeal is whether, in a leasehold forfeiture case, the lessee could succeed...
Quick couple of cases to note (no analysis), a bit of news and a job ad. Two linked appeals on out of borough/out of London Homelessness review decisions - Alibkhiet v London Borough of Brent v City of Westminster (2018) EWCA Civ 2742 Upper Tribunal (Lands...
A couple of things... MHCLG have issued an "Addendum for the profile for the hazard of fire and in relation to cladding systems on high rise residential buildings" to the operating guidance to the HHSRS in relation to ACM cladding. The aim is: to provide...
I'm not going to go into detail on Gateway Holdings (NWB) Ltd v McKenzie & Anor (LANDLORD AND TENANT - SERVICE CHARGES) [2018] UKUT 371 (LC) but it does set out a point of principle. Ms McKenzie, the current leaseholder, sought to challenge service...
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...
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...
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...
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...
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,...