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)...
Effluxion of time and enfranchisement
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...
Enfranchisement – is it all hope(value)less?
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...
What is a service charge?
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...
Accepting "part" of a cheque without waiving forfeiture
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...
Not enough of a house
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...
Shared Ownership – Midland Heart with benefit of transcript
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...
Lack of ownership in shared ownership
[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...
And the 23rd Claim…
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...
Hey! That's my window.
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...
Having regard…
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...
Surely your best point is…
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...