I suspect that many lawyers heave a heavy sigh at neighbour disputes. They seem to be fought with an intensity in inverse proportion to the scale of the problems. Throw in issues in construing lease covenants and enforceability by third parties and it is not...
But that isn’t what it says…
[Edited 16/05/2012 to correct the s.47(2) point] Beitov Properties Ltd v Elliston Martin [2012] UKUT 133 (LC) is, I suspect, going to cause some sleepless nights for managing agents of long leasehold properties (and, possibly, some other agents and...
Reasonable houses ad nauseum, ad infinitum
Magnohard Ltd v Cadogan and others [2012] EWCA Civ 594 is yet another case dealing with whether a property can be a "house reasonably so called" and, hence, capable of being enfranchised under the Leasehold Reform Act 1967. There is quite a lot of law on...
Small, but not unimportant
Marshall Dixon and others v Wellington Close Management Ltd [2012] UKUT 95 (LC) is, so far as I can tell, the first Lands Tribunal/Upper Tribunal case on s.37, Landlord and Tenant Act 1987. As you'll know, the 1987 Act gives the LVT power to vary residential...
What is the difference between a jacuzzi and a sauna?
This may be one of the more esoteric points to be heard by the Court of Appeal on terms of a lease, but one of the issues in Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159 was whether Mrs Newman was entitled to damages for loss of...
Service charges: the GLA speaks
You'll remember that, back in August 2011, the GLA announced that it was conducting a review of service charges in the capital (see our note here) and that the evidence included a panel discussion which was broadcast across the internet (see here). The final...
Pay attention at the back
Lawton v 55 Elgin Crescent [2012] UKUT 62 (LC) is one of those cases that you read and think "what on earth was the Tribunal doing?" Luckily, the UT(LC) has stepped in to put the matter right. If only the LVT had paid a bit more attention... Ms Lawton is the...
Section 20B again…
Om Property Management Ltd. v Burr [2012] UKUT 2 (LC) [not yet on bailii - we've got a transcript] was another case concerning the interpretation of s.20B, Landlord and Tenant Act 1985. Section 20B is of course the provision that renders service charges...
Vexatious litigants in the LVT
In Attorney General v Singer & Singer, Divisional Court, January 24, 2012 [taken from a lawtel note - not on bailii], the Attorney General sought a civil proceedings order, under s.42, Senior Courts Act 1981, against Mr & Mrs Singer. The effect of...
I sublet an apartment on the 99th floor of my block
No prizes for guessing what I was listening to when I decided to write this. I bring you two important cases from the Upper Tribunal (Lands Chamber) about sub-let fees and administration charges:Holding & Management (Solitaire Ltd) v Norton and other...
Even more exciting
The GLA has been conducting a review of service charges in London (see here for our piece on the original announcement) and, earlier today (Monday, January 23, 2012), held an oral evidence session at City Hall. I couldn't make it, sadly, but did manage to...
The best thing in life is free
But, like John Lee Hooker, I need money. It's one of the reasons (a) I keep a close eye on costs cases and (b) I don't get involved in the never-ending attempt by law students to get us to teach them about constructive trusts on this blog. Plantation Wharf...