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...
Making it clear
Keeney Construction Ltd v Dr Zoe Brooke and others [2013] UKUT 329 (LC) is an odd little case (an opening phrase I tend to use a lot when talking about UT appeals). The substantive issue concerned a lease variation application under s.35, Landlord and Tenant...
Water, water everywhere…
There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC). The leaseholders at a development were concerned that their service charges were too high...
No-one to talk to
BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC B10 (Ch) is important and deserves much wider coverage than it has otherwise got. Before turning to the facts, lets just remind ourselves of the provisons of ss 20, 20ZA, Landlord and Tenant Act 1985. In...
Confirming my irrational prejudice
I've never liked the Gower. I recognise that, objectively, it's quite beautiful, but it was ruined for me by a camping holiday as a child. It was cold and wet. The rain was almost biblical in volume. There was nothing to do. And I ran out of books to read....