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The Upper Tribunal (Lands Chamber) appears to have had a sudden burst of efficiency, churning out judgments at over one a week. It wasn't that long ago that I can remember one a month being considered an efficient turn over. The reason, it appears, is that...
Levitt and Levitt v LB Camden [2011] UKUT 366 (LC) The Brunswick Centre is a well-known mixed residential and commercial development in London. There are almost 400 flats atop perhaps 30 or so commercial units. The flats are (for the most part) heated by a...
Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) By s.19(1)(a), Landlord and Tenant Act 1985, leaseholders are only liable to pay service charges to the extent that they are reasonably incurred. The property in question has something of an...
Westbrook Dolphin Square Ltd v Friends Provident Life and Pensions Ltd [2011] EWHC 2302 (Ch) This is probably one of the most factually complicated collective enfranchisement cases imaginable. In outline, as you know, qualifying tenants of flats have the...
Gateway Property Holdings Ltd v 6-10 Montrose Gardens RTM Co Ltd [2011] UKUT 349 (LC) is a rare creature - a decision of the Upper Tribunal (Lands Chamber) on a Right to Manage issue. It also appears to be the UT(LC) debut for HHJ Walden-Smith. As you'll...
I promised to write the second of these case reports a week ago. Mea culpa. Still, by delaying, I've managed to find two other cases to include. So, without further ado... Ayres and others v Roberts and others In All's Well That Ends Well (Act.1, Scene 1),...
Tingdene Holiday Parks Ltd v Cox and others [2011] UKUT 310 (LC) By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be "accompanied" by a summary of rights and obligations of tenants in relation to the same. The form of...
I've been away at a stag weekend for the last few days. I therefore recognise that it is possible that my sense of what is (and is not) exciting and fun may be slightly warped, as I try to re-adjust to polite society. I was, however, genuinely excited last...
The Upper Tribunal (Lands Chamber) has been rather busy recently, handing down four housing-law related decisions in the last fortnight or so. The first three are service charge disputes, whilst the fourth is a lease variation case. In Tunstill v Primrose...
By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be accompanied by a summary of rights and obligations, setting out the various rights and options open to leaseholders. In England, that provision has been in force...
The Upper Tribunal (Lands Chamber) has recently handed down two cases on insurance premiums and service charges. I'm not going to deal in any detail with either of them, as both are entirely on their own facts. However, in one case Akorita v Marina Heights...
... and, no, we're not talking about meeting the in-laws; rather, we've *finally* got a High Court decision on the requirements of s.20B(2), Landlord and Tenant Act 1985. This, in short, requires landlords to either demand service charges within 18 months of...