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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...
Chapter 1, Part 2, Commonhold and Leasehold Reform Act 2002 makes provision for "qualifying tenants" of a building to form a company that, in turn, will acquire the right to manage the property from the freeholder. It is largely modeled on the collective...
Continuing with the (ir)regular residential leasehold update, we have Cadogan v Panagopoulos [2010] EWCA Civ 1259, on appeal from the High Court (our note, here), which was itself an appeal from the county court. I'm not going to set out the factual or legal...
Whilst we're waiting for Wednesday, (when the Supreme Court will give judgment in Pinnock, in case you were wondering), the housing law world doesn't stop in the interim. Far from it. So, without further ado, lets turn to Regent Management Ltd v Jones [2010]...
Word reaches us (via the Garden Court North website) of what appears to be a fascinating piece of litigation in the High Court (Leeds District Registry) concerning sale and rent back schemes (as to which, see our earlier piece, here). A number of former...