Marchitelli v 15 Westgate Terrace Ltd (2020) UKUT 192 (LC) An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises...
Not not Nemcova
Triplerose Ltd v Beattie & Anor (LANDLORD AND TENANT - BREACH OF COVENANT) (2020) UKUT 180 (LC) Another Upper Tribunal decision to add to the now large pile of cases on airbnb/short let use and breach of lease. In this case, the FTT had found...
I can’t go for that. Nooo. No can do.
Duval v 11-13 Randolph Crescent Ltd (2020) UKSC 18 The issue before the Supreme Court was whether "the landlord of a block of flats is entitled, without breach of covenant, to grant a licence to a lessee to carry out work which, but for the...
On front doors and on going through them
A couple of leasehold cases, one on flat entrance doors and, one on rights of access through those doors. First, Fivaz v Marlborough Knightsbridge Management Ltd (LANDLORD AND TENANT - BREACH OF COVENANT) (2020) UKUT 138 (LC), a skirmish in what...
Service charges – too late and too varied
A couple of Upper Tribunal appeal decisions on service charge issues, with the second of particular significance. Cookson v Assethold Ltd (LANDLORD AND TENANT - SERVICE CHARGES) (2020) UKUT 115 (LC) An appeal on section 20B Landlord and Tenant Act...
All housing possession claims suspended from 27 March – Coronavirus update.
(Update 27 March. For the details of the stay, see here on the new Practice Direction 51Z ) Well now, this is big (and also finally, it would seem, some clarity). According to this MHCLG press release from this evening: From tomorrow (27 March...
Short lets and breach of lease
A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease. City of Westminster v Madhukar Kothari LON/00BK/LBC/2019/0087 Mr Kothari had a right to buy lease of a City of Westminster...
District Heating and quantification of benefits
Strezovski and others v North Macedonia (App. Nos. 14460/16 and others) might not seem immediately relevant to readers. After all, housing law in North Macedonia is, I think we can safely say, quite different to England or Wales. But district...
Leasehold ASTs redux
Following on from yesterday's post by J on the CMA report (with its approach to the 'AST Trap') and from someone helpfully pointing out something that should have been completely obvious to me in the first place, I've re-written my old post on the...
Regulating Risk
Inclusion Housing Community Interest Company v Regulator of Social Housing [2020] EWHC 346 (Admin) I think this is the first judicial review of a regulatory decision by the Regulator of Social Housing and whilst, ultimately, the result is a fairly...
Conceptualising damages for housing conditions – they don’t add up.
We don't often run 'think-pieces' (this may be too generous a description), at least not when unattached to new case law, but the ongoing transformation of 'disrepair' into 'housing conditions' claims has got me (and I know others who write here)...
Certainty of delivery of notices – Upper Tribunal on the burden of proof
38/41 CHG Residents Company Limited v Hyslop (LANDLORD AND TENANT - SERVICE CHARGES) (2020) UKUT 21 (LC) A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had...