Staunton v Kaye & Anor [2010] UKUT 270 (LC) This is a rather confused matter from the Upper Tribunal (Lands) sitting in Manchester. It is made all the more confused by a transcript which muddles parties and at one point suggests the LVT was in error in...
Fee hike for appeals from the LVT
The ministry of justice has just published its response [PDF] to its consultation on fees for the Lands Tribunal — now of course the Upper Tribunal (Lands Chamber). This is bad news if you are an appellant. The fee for seeking permission to appeal from the...
An ugly metaphor
This is the Strata Tower, less than proud winner of Building Design's 2010 Carbuncle Cup, awarded to the ugliest new building in the country for its 'odour of boy musk', 'grim stridency' and for auditioning for a 'James Bond title sequence in the Elephant...
Alas poor Commonhold…
Commonhold was introduced by the Commonhold and Leasehold Reform Act 2002 and, in essence, is a new way (i.e. not freehold or leasehold) for flat owners to collectively hold the building containing their flats. It's not proved very popular, with only c.20...
What is a service charge?
In two joined appeals to the Lands Chamber of the Upper Tribunal brought by Southern Housing Group Ltd and Family Housing Association (Wales) Ltd ([2010] UKUT 237 (LC) - not yet available via the tribunal's website or on bailii), the tribunal considered...
You know it when you see it
What is a house? Rather like the well-known elephant test, this point consistently comes before the higher courts - and many other great thinkers - and, in Day v Hosebay Ltd; Howard De Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748, the Court of...
Size doesn’t matter
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch) is the first higher court decision on the meaning of "self-contained part of a building" in the Leasehold Reform, Housing and Urban Development Act 1993. Qualifying long...
And here’s to you, HHJ Robinson*
Three decisions of HHJ Robinson, sitting as a judge of the Upper Tribunal (Lands Chamber) for your delectation. In Masri v The Wellcome Trust Ltd [2010] UKUT 138 (LC) the respondents had originally demanded c.£19,000 of charges but, after recording a number...
Holiday chalets and service charges
Hopefully, you're either reading this (a) whilst enjoying the long bank-holiday weekend or (b) back in the office after having enjoyed the long weekend. Either way, a case about holiday chalets seemed appropriate at this time. By s.27A, Landlord and Tenant...
Improvements and rent redux
Hughes v Borodex Ltd. [2010] EWCA Civ 425 This was the Court of Appeal hearing of the appeal from the High Court decision on first appeal that we reported in March 2009. I won't rehearse the facts, which are in the earlier post, but the issue was whether...
Shake your windows
Craighead v Homes for Islington & LB Islington [2010] UKUT 47 (LC) is a decision of Andrew Trott in the Upper Tribunal on an appeal from the LVT. 21 leaseholders faced bills of £30-40,000 for service charges between 2006 and 2008 relating to "external...
Leasehold update
We here at NL pride ourselves on providing comprehensive coverage of housing law (or, at least as comprehensive as six people who do this in their spare time can be) and that includes updates on leasehold property related matters. So, without further...