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A couple of quick notes on forfeiture of leases. Cheerupmate2 Ltd v Calce (2017) UKUT 377 (TCC) Forfeiture for ground rent arrears was not valid because: a) The wrong notice under s.166 Commonhold and Leasehold Reform Act 2002 had been served. The notice was...
Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an...
It is rare, if we are entirely honest, for a First Tier Tribunal decision on service charges to be exciting. It is even rarer for there to be mystery and police raids, and "Immunity from Treason" notices, and debts of "Trillions of pounds", and something...
Bretby Hall Management Company Ltd v Pratt [2017] UKUT 70 (LC) This was an appeal to the UT on various issue arising from an FTT decision. We will not dwell on the issue of specific charges not being consulted on under s.20, but not - as the UT found,...
In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments...
Sheffield City Council v Oliver [2017] EWCA Civ 225 We saw this case in the Upper Tribunal, here, and I'll borrow the brief facts. Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council...
A couple of county court cases on Airbnb/short let use by leaseholders. One was reported in the newspapers, the other has not been reported anywhere before. Both show the potentially serious consequences of leaseholders letting out on short lets, where lease...
Yes, the backlog of case reports is growing, but I've only time for a quick note on an interesting development in Southwark. According to this report, Southwark council have decided that their Right To Buy leases contain covenants that would prevent short...
Here are various bits and pieces, while we await big cases such as the Supreme Court decision in Poshteh v RB Kensington & Chelsea. (You can watch the hearing here.) We don't usually promote events on Nearly Legal, but I am happy to make an exception for...
Service of notices, claims etc on 'last known address' can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the 'last known address' can be relied on for service. Thus the intriguing...
Thomas Homes Ltd v Colin MacGregor [2016] UKUT 495 (LC) An interesting question. To what extent, if at all, can leaseholders' service charges be set at a level to 'subsidise' a shortfall as against actual maintenance costs in service charges recoverable from...
The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular...