The case of Christoforou and others v Standard Apartments Ltd [2013] UKUT 586 (LC) is now rather less important than it would have been, say, 3 years ago, but is still worthy of note. Mr Christoforou was the leaseholder of a flat in a building of which the...
Putting it off
Before I come to the facts of Scriven and others v Calthorpe Estates [2013] UKUT 469 (LC), I need, I think, to give a fair bit of background. Even by the comprehensive standards of NL, this is pretty obscure. Estate Management Schemes Estate management...
Trespass and aggravation.
One of the oddest (and probably most expensive) trespass cases we have reported (see here for the first Court of Appeal report) has ended up back in the Court of Appeal yet again. Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013]...
Late to the party
MacGregor v B M Samuels Finance Group Ltd [2013] UKUT 471 (LC) was, I'm afraid, handed down over two months ago. Such is the state of the NL backlog that I'm only getting to it now. Sorry about that. As those of you who could not wait must have already...
Repair liability and implied lease clauses.
This one has been sitting in my draft collection for a while, but, as Christmas fades towards the new year, it finally got done. For the leaseholders in this particular appeal, it was, however, distinctly short of glad tidings. Gavin & Anor v Community...
Nowhere to go and nothing to do with my time
There are two things in life I really, really enjoy. The first is listening to Queen/Freddie Mercury. The second is leasehold property disputes. I am doing the first whilst writing about the second. The case of Burchell v Raj Properties Ltd [2013] UKUT 433...
Don’t Think Twice, It’s All Right (To Manage)
Fairhold Mercury Ltd v HQ (Block 1) Action Management Co Ltd [2013] UKUT 487 (LC) Fairhold (Yorkshire) Ltd v Trinity Wharf (SE16) RTM Co Ltd [2013] UKUT 502 (LC) Assethold Ltd v 7 Sunny Gardens RTM Co Ltd [2013] UKUT 509 (LC) No.1 Deansgate (Residential) Ltd...
Council major works charge cap?
Council leaseholders, those who exercised the right to buy or those who bought from them, have been facing very hefty major works charges, perhaps particularly in London. When repairs have been carried out alongside Decent Homes programmes, or as large scale...
Shelter and shared ownership
I want to put this post in context: (a) I write this post for myself and do not necessarily speak on behalf of the other NL writers. (b) I have enormous respect for Shelter. I have friends who work there. I make regular donations to Shelter. We have lots of...
Time isn’t on your side
as the Rolling Stones didn't quite say. In Re 28 Pallant House [2013] UKUT 327 (LC), the Upper Tribunal was faced with an application for permission to appeal out of time. The appellant was the long leaseholder of a flat; LB Southwark was her landlord. There...
RICS Service Charge Code: consultation
By s.87, Leasehold Reform, Housing and Urban Development Act 1993, the Secretary of State has power to approve codes of practice in relation to the management of residential long leasehold blocks. Currently, he has approved (for non-retirement properties)...
A timely little reminder
Barney v Eastern Green Ltd [2013] UKUT 331 (LC) is a helpful little reminder of the (limited) power of the LVT (FTT(PC)) to review apportionment issues in service charges. In the present case, the landlord had (pursuant to a term in the lease) reapportioned...