Those of you who follow the leasehold update religiously will note that J usually takes care of these things, but not this month. I have the pleasure of that. First, we have Triplerose Ltd v Bishun [2013] UKUT 0257 (LC) Triplerose were the freehold owners of...
Yesterday’s just a memory
In honour of the birth (in England) of the new FTT(PC), I bring you a little note about case from the UT(LC), all about forgetting old things. Jastrzembski v Westminster CC [2013] UKUT 284 (LC) concerns some major works. The underlying facts are relatively...
Leasehold repair covenants and damages
Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of...
When is an insurance premium reasonably incurred?
In Avon Estates (London) Limited v Sinclair Gardens Investments (Kensington) Limited [2013] UKUT 0264 (LC) [not online yet we have a transcript] the Upper Tribunal considered the question of whether an insurance premium had been reasonable incurred. Avon...
Notice me
Riniker v Mattey , Divisional Court, June 7, 2013 (Lawtel note only) is another odd little service charge case. The note isn't entirely clear but, so far as I can see, it concerns the little-used Schedule to the Landlord and Tenant Act 1985. If you're...
Leasehold round up
We do try here to keep on top of the work of the UT(LC) and so I bring you the following for your delight and enjoyment. First up comes Triplerose Ltd v (1) Grantglen Ltd (2) Cane Developments Ltd [2012] UKUT 204 (LC), a case all about s.47, Landlord and...
Not in my court
Forfeiture is, for the most part, beloved by landlords and hated/feared by tenants. For what might be relatively minor breaches of covenant, you can lose your lease and the landlord make an enormous windfall. The legislative trend is (slowly) in favour of...
Ask nicely
In R (Spaul) v Upper Tribunal (Lands Chamber) (Lawtel note only, Admin Ct, 22.5.13 - wrongly noted as being the UT(Administrative Appeals Chamber) we have an odd little case. As you may know, cases in the LVT are appealed to the Upper Tribunal (Lands...
One Statutory Instrument to rule them all
The new First-tier Tribunal (Property Chamber) is - almost - here (we've been warning you about this for a while, see, e.g. here). On July 1, 2013, the new tribunal will burst forth into the world (well, England and, for very limited purposes, Wales) and...
Shared ownership, Art 8 and A1P1
The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other...
Being civil
Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits (here), cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It's really must be the most awful burden on all those involved. And now,...
Yet another one…
The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of "house" is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it...