The Lands Tribunal has handed down a number of important decisions in the last week that those working in the field of leasehold enfranchisement need to be aware of. Earl Cadogan v Erkman LRA/56/2007 & LRA/68/2007 (links to a .pdf file)...
Ackerman and another v Lay and others [2008] EWCA Civ 1428 (not on Bailli, but available via Lawtel) The appellants/tenants were the leasehold owners of a building and the respondents were the freehold owners of the same. The building had been...
Earl Cadogan and other v Pitts and another; Earl Cadogan and another v Sportelli and another [2008] UKHL 71 Enfranchisement is the process whereby leaseholders can force their freeholder to sell them the freehold of the property. The Leasehold...
Morshead Mansions Ltd v Leon Di Marco [2008] EWCA Civ 1371 Service charges. Much more interesting than tolerated trespassers. Honestly. Sections 18 - 30 Landlord and Tenant Act 1985 contain a detailed regulatory framework for service charges in...
Osibanjo v Seahive Investments Limited [2008] EWCA Civ 1282 (Court of Appeal) Are there circumstances in which a landlord can accept only part of a cheque offered by a tenant and thereby avoid waiving its right to forfeit? It would appear that...
This is another of the occasional cases on s.2(1) Leasehold Reform Act 1967 - the definition of a 'house' for the purposes of leasehold enfranchisement. Not strictly on point for Nearly Legal, but I enjoy them, so you get them... Grosvenor Estates...
The earlier post on this shared ownership possession case, Richardson v Midland Heart Ltd, (November 2007 Birmingham) attracted a lot of comment, some of it excitable and ill-informed (and much of that from me). Nearly Legal now has a copy of the...
[Edit 15/09/08. It now looks like the following judgment is a) being appealed shortly and b) may only have been a County Court judgment, not High Court - this latter point is not clear but reliable sources say County Court] [Edit 18/09/08. In the...
As a tale of vexatious litigants, HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) has it all. Mysterious changes of identity, admitted perjury, repeated applications for judicial review of refusals to give permission to appeal, and...
Sheffield City Council v Hazel St Clare Oliver LRX/146/2007 [links to PDF] This is a case which touches on an issue familiar to those involved with right to buy leases: replacement of windows by the landlord. The landlord council wished to replace...
M & M Savant Limited v Brown and others LRX/26/2006 It is a shame that this case was decided in 2008, and not in 1998 when it would have had a much greater relevance. It contains a comprehensive analysis of s.20 Landlord and Tenant Act 1985...
Swanlane Estates Ltd v Woods and others LRX/159/2007 (.pdf) This case concerns the not uncommon situation of a court or tribunal (in this case, a Leasehold Valuation Tribunal) taking a point which the applicant / claimant had not expressly pleaded...