More results...
Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually...
A semi-guest note on a pest infestation nuisance county court case involving leaseholders. Interesting on both liability and quantum. Ojo & Ojo v London Borough of Hackney. County Court at Clerkenwell & Shoreditch 4 November 2015 The Claimants were...
Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC)...
Triplerose Ltd v Ninety Broomfield Road RTM Co Ltd [2015] EWCA Civ 282 This is a rare treat for our RTM fan (he knows who he is) - a decision of the Court of Appeal on the right to manage provisions in Commonhold and Leasehold Reform Act 2002. I must confess...
Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC) If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable...
Service charge disputes in the FTT(PC)/LVT are generally regarded as a "no" or "low" costs proceedings. The Tribunals have very limited powers to award costs. In general terms, the FTT(PC) can award unlimited sums in respect of either wasted costs or...
Although it is a commercial property case, Freifeld v West Kensington Court Ltd [2015] EWCA Civ 806, is of interest and relevance to residential landlord and tenant law as well, as the Court of Appeal grapple with the approach to be taken to granting relief...
Often, I will read a judgment with which I disagree; but it is rare that I read one that I think is just plainly wrong. The judgment of Hildyard J in Southward Housing Co-Operative Ltd v Walker and Hay [2015] EWHC 1615 (Ch) falls in to the latter category,...
For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. It has been a new realm for me, but I was intrigued by this case, and wiser members of the NL collective have held my hand as I headed down this particular rabbit hole....
This is a very short note (come on its a Friday afternoon) on the recent Upper Tribunal case Oliver v Sheffield City Council [2015] UKUT 229 (LC), 21 May 2015. This was a case concerning a dispute about the payment of a service charge that arose from works...
Waaler v LB Hounslow [2015] UKUT 17 (LC) The background to this case is quite familiar to anyone who has been dealing with local authority leasehold service charge disputes over the last few years. Hounslow embarked upon a scheme of major works on an estate...
As an illustration of the perils of a claim in nuisance, here is Yianni v Shakeshaft [2014] EWCA Civ 1639 [Not on Bailii. We've seen a transcript] Ms Y is the leaseholder of a flat below that of Mrs & Mr Shakeshaft, who had a tenant in theirs. There had...