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Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I'm not entirely sure it's right (or, perhaps a better way of putting it, I'm not sure it's a good decision, it may be right within the statutory...
The Upper Tribunal (Lands Chamber) has handed down two more LVT service charge appeal decisions and, hot on the heels of BCC v Keddie / Crosspite v Sachdev, it rather feels like the UT is on a bit of a mission to establish some general rules and standard...
2012 seems to be a bumper year for cases under s.37, Landlord and Tenant Act 1987. Having had (so far as I can tell) none in the previous 20-odd years, we've now had two. The first was covered by us here and the second has just been handed down by the Upper...
The Where's Wally? books are surprisingly good fun. You spend hours pouring over a page (or pages) trying to find Wally as he hides in ever more obscure places. Reading Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41 did rather feel like a...
There is, it is fair to say, a degree of inconsistency in the approach and practice of LVTs up and down the country. In particular, some LVT members seem to see it as part of their role to act as quasi-audit bodies, looking into all aspects of the landlord's...
This should - I hope - be the last leasehold property/LVT case round up for a few weeks. But it's a good one. I promise. Appeals. Service charges. Consultation. Right to Manage. Who needs "50 Shades" when you've got case-law to enjoy? Appeals Wellcome Trust...
This is, I accept, slightly cheeky, but it occurred to me that our readers might like to apply for the job of President of the new First Tier Tribunal (Property Chamber). Salary is £138,548 (and a judicial pension). The successful candidate will provide the...
Restrictive covenants are, in broad terms, contractual restrictions imposed on the current user/owner of land, often imposed by a former owner of the same land (e.g. Mr A sells a field to Mr B, but includes a covenant preventing Mr B from building flats on...
Lindheim and others v Norway 13221/08 & 2139/10 is a case about leasehold enfranchisement, Norwegian style. I wanted to cover it because it might have some relevance to domestic enfranchisement law* and because there are references to a proportionality...
It's been promised for a while now. The merger of the LVT (in its various forms, RAC, RPT, etc) into the Tribunal Service as a First Tier Tribunal. And so we finally have the details. In Consultation on proposed new (First Tier Tribunal) (Property Chamber)...
The Landlord and Tenant Act 1987 makes provision, inter alia, for the LVT to appoint a manager (which may include the functions of a receiver) over residential premises. There are, as you might imagine, qualifying conditions relating both to the applicants...
Ok, sorry about this. I've been meaning to do a LVT/UT round up for some time and kept putting it off to allow me to work/sleep/see my wife, etc. So now I've got loads of cases to do. Here goes. Court of Appeal In Westbrook Dolphin Square Ltd v Friends Life...