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The government is consulting on two technical (and, I suspect, wholly uncontroversial) changes to leasehold law. The consultation paper is available here, with responses required by September 12, 2011. Security of tenure Where a long lease comes to an end by...
Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA [2011] EWCA Civ 607 We're a bit late with this one, sorry. There was a bit of a debate about whether it was an NL case or not, but I found it interesting and it concerns residential leases,...
I’ve just noticed that the Government amended the wording for Ground Rent demands (s.166, 2002 Act) on April 26, 2011 (see here: http://www.info4local.gov.uk/documents/publications/1905195). The change is in para. 3 of the Notes for Leaseholders. It used to...
Jean-Paul and another v LB Southwark [2011] UKUT 178 (LC) is, I suspect, going to cause some difficulties for LVTs (and lawyers) up and down the country. It concerns two points. When are costs "incurred" for the purposes of s.20B, Landlord and Tenant Act...
Forgive me for what may turn out to be a silly question, but this is something I've been thinking about recently and wanted to see what everyone else thought. Leasehold property and legal costs A well-drafted lease will usually contain a provision requiring...
The Upper Tribunal (Lands Chamber) has, in Earl Cadogan v Cadogan Square Properties Ltd [2011] UKUT 68 (LC), had to grapple with two significant procedural questions involving the LVT and enfranchisement. Cadogan Square Properties Ltd was the nominee...
We noted Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd when it was in the High Court (see our note, here). I won't repeat our earlier note - it's basically about what it means to be a "self-contained part of a building" under s.3, Leasehold...
The Landlord and Tenant Act 1985 contains various protections for leaseholders and assured tenants against unreasonable service charges (see, e.g. s.19, 1985 Act). By s.26, 1985 Act, tenancies granted by local authorities, National Park authorities or a new...
Following on from the news that LEASE (the Leasehold Advisory Service - a quango) had not been granted funding to continue to advise the public on commonhold issues (see our note, here), comes the news that it is to stop offering mediation services in...
Hemphurst Ltd v Durrels House Ltd [2011] UKUT 6 (LC) is, I suspect, going to go on appeal to the Court of Appeal. Certainly, if you practice in the field of leasehold enfranchisement, it's one you'll want to know about as it's pretty important. In general...
McHale v Cadogan [2010] EWCA Civ 1471 is turning into a bit of a Jarndyce v Jarndyce. We noted the first part of the Court of Appeal decision earlier in the year here and ended it by saying: "The appeal also raised another issue, namely whether the...
... a case about service charges, balancing payments, LVT procedure and precedent. In Holding and Management (Solitaire) Ltd v Sherwin [2010] UKUT 412 (LC), the Upper Tribunal (Lands Chamber) had to grapple with s.20B, Landlord and Tenant Act 1985. This...