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.... with the words of Mr David Bowie ringing in my ears, I bring you a decison of the Upper Tribunal (Lands Chamber) all about changes and how and when to make them. In Re: 167 Kingshurst Road [2012] UKUT 4 (LC), the Upper Tribunal was dealing with an...
Southwark LBC v Leaseholders of the London Borough of Southwark [2011] UKUT 438 (LC) [not yet on bailii] was an appeal brought by Southwark against the decision of the LVT (our report here) not to grant them dispensation from complying with the requirements...
It's cold, wet and miserable, but at least there is some new leasehold legislation and a case to cheer you up. The first is the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011, replacing the 2004 regulations of the same name. As...
Hardy & Anor v Haselden & Ors [2011] EWCA Civ 1387 Excuse the (slightly flippant) title which is a backhanded reference to a recent post by NL. This is actually a slightly sad case. It is also slightly convoluted set of facts so you will have to bear...
By s.168, Commonhold and Leasehold Reform Act 2002, a landlord may not serve a notice under s.146, Law of Property Act 1925, or otherwise exercise a right of re-entry (i.e. forfeiture) in respect of a breach of a covenant (other than one to pay rent - which...
One of the most vexing questions in service charge litigation is the interaction between default judgment and s.81, Housing Act 1996. In summary, s.81, 1996 Act requires that, before any notice under s.146, Law of Property Act 1925 (forfeiture) can be...
The Association of Residential Managing Agents have, together with the Association of Chartered Certified Accountants, the Royal Institution of Chartered Surveyors, the Institute of Chartered Accountants of England and Wales (and their sister body in...
Freeholders of 69 Marina, St Leonards-on-Sea v Oram and another [2011] EWCA Civ 1258 A case on costs of LVT and county court proceedings, and quite an important one at that. 69 Marina is a building in St Leonards-on-Sea. It has been converted into 6 flats,...
Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 32 What happens to a lease for an uncertain term? Or a tenancy that ends on some specified event, whose date is not known and which may or may not happen? Can either the tenant or the...
Work is, most frustratingly, getting in the way of blogging at the moment. I'd wanted to cover these LVT/leasehold property cases as they came out, but I failed. So, in order to get back on track, I'm going to do a bit of a round up of recent cases. It's a...
One thing you could never accuse the Right to Manage legislation of being is "user friendly". In Gala Unity Ltd v Ariadne Road Rtm Co Ltd [2011] UKUT 425 (LC), the Upper Tribunal (Lands Chamber) (in the person of that very nice chap, the President) has,...
The Upper Tribunal is hearing what might turn out to be quite an important s.20, LTA 1985 dispensation case today (LB Southwark v over 13,000 leaseholders in the borough (our note here) and, as ever, we'll bring it to you as soon as we have news of the...