Sovereign Network Homes v Ms Vanessa East, Claim Number H01W1247 (13 May 2024, Central London County Court). Thanks to Landmark Chambers for their note on this case. This was a county court appeal of a first instance decision to allow an application to...
Goodbye to all that?
So, a 4 July general election it is. Dissolution of Parliament will be on 30 May 2024. If Sunak hasn't already dissolved. Wash-up - pushing through remaining legislation in the course of going through Parliament, has to be completed by 24 May, when...
Don’t dilly-dally on appeals, and mortgage lender paying service charges.
Santander PLC v Harris (2024) EWHC 351 (KB) A quick note on a sad case. This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for...
Leasehold Upper Tribunal roundup
Some quick notes on various recent (ish) Upper Tribunal decisions Crisplane Ltd v Plymouth Community Homes Ltd (LANDLORD AND TENANT - SERVICE CHARGES - liability of lessee under right to buy leases to contribute to cost of repairing roof - s.139 and Sch.6,...
Thin gruel, delayed expectations, and welcome absences – the King’s Speech
A couple of case reports are on the go, but maybe significantly delayed, I'm working up to moving house next week, and physically and mentally, everything is all over the place and probably in the wrong box. But we have to note the King's Speech and the...
Leasehold reform, rumours and thoughts
We already know that there will be a (residential) leasehold reform bill as part of the King's Speech, but the Sunday Times today (29.10.23) has some more details about what might be included. Leasehold houses The most eye-catching proposal is probably the...
Upper Tribunal leasehold cases
Brief notes on some recent Upper Tribunal cases. Davies v Benwell Road RTM Company Ltd (LANDLORD AND TENANT - SERVICE CHARGES) (2023) UKUT 197 (LC) Following a complicated and muddled history of County Court and FTT proceedings between the parties, a 'double...
Waking watch costs and failing to do Fire Risk Assessments
Radcliffe Investment Properties Ltd v Meeson & Ors (LANDLORD AND TENANT - SERVICE CHARGES) (2023) UKUT 209 (LC) This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder's...
From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision
Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues. Yambasu v London Borough of Southwark (LANDLORD AND TENANT - SERVICE CHARGES - Consultation requirements for qualifying long-term agreements)...
Contractual costs in the Tribunal & County Court, with a guest appearance.
Right, I am back from a two week holiday (it was lovely thank you) so onwards... Crescent Trustees Limited v Behjat. Tribunal Ref: LON/00BJ/LSC/2021/0168, County Court Claim No F69YX307 I had my attention drawn to this First Tier Tribunal/County Court double...
Shared Ownership and Right to Manage
Avon Ground Rents Limited v Canary Gateway (Block A) RTM Company Ltd (2023) EWCA Civ 616 This was the Court of Appeal judgment on a an appeal related to (but not from) the Upper Tribunal decision in Avon Ground Rents Ltd v Canary Gateway (Block A) RTM...
Renters (Reform) Bill – the good, the potentially good and the ugly. Part 1
It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in England since 1988 (Wales having done its own, even more...