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...
Mea Culpa
I know, I know. Updates have been thin on the ground. I'm afraid it is the 'work and life getting in the way' thing again. I've got a lot on my plate and no time and/or energy to do case notes. So, in the meantime, here's a list of things that I will...
Insurance premiums and commissions
Canary RIverside Estate LON/00BG/LSC/2019/0277 (copy decision here via Leasehold Knowledge Partnership) This was the FTT's decision on an application by the residential leaseholders of the Canary Riverside Estate challenging the insurance premiums they had...
The whirligig of time
A happy new year to all. I was going to do a new year video, as per the last two years, but as rain lashes the windows and the daylight disappeared about 2 pm, the level of faff involved was beyond me. This seems a fitting way to end 2022... After three...
Leasehold Leftovers
Assorted quick leasehold related notes, to be done before they go off in the fridge. Kaye v Lees (2022) EWHC 3326 (KB) The aftermath of the decision on a mental health moratorium that we noted here. In the previous judgment, it was held that a warrant of...
Leasehold in the Upper Tribunal – a medley.
Eastpoint Block A RTM Company Ltd v Otubaga (2022) UKUT 319 (LC) Eastpoint are a right to manage company for a block of flats. The company had brought proceedings for a determination of breach of lease under s.168(4) Commonhold and Leasehold Reform Act 2002...
Selection box
Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) - not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd to require disclosure of whether there were booking for...
Service charges, burden of proof, and costs of proceedings
Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT - SERVICE CHARGES - ADMINISTRATION CHARGES - burden of proof - scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property...
Waking watch costs and flawed reports
Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT - SERVICE CHARGES - whether reasonably incurred - costs of a waking watch) (2022) UKUT 282 (LC) An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably...