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Canary RIverside Estate LON/00BG/LSC/2019/0277 (copy decision here via Leasehold Knowledge Partnership) This was the FTT's decision on an application by the residential leaseholders of the Canary Riverside Estate challenging the insurance premiums they had...
A happy new year to all. I was going to do a new year video, as per the last two years, but as rain lashes the windows and the daylight disappeared about 2 pm, the level of faff involved was beyond me. This seems a fitting way to end 2022... After three...
Assorted quick leasehold related notes, to be done before they go off in the fridge. Kaye v Lees (2022) EWHC 3326 (KB) The aftermath of the decision on a mental health moratorium that we noted here. In the previous judgment, it was held that a warrant of...
Eastpoint Block A RTM Company Ltd v Otubaga (2022) UKUT 319 (LC) Eastpoint are a right to manage company for a block of flats. The company had brought proceedings for a determination of breach of lease under s.168(4) Commonhold and Leasehold Reform Act 2002...
Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) - not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd to require disclosure of whether there were booking for...
Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT - SERVICE CHARGES - ADMINISTRATION CHARGES - burden of proof - scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property...
Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT - SERVICE CHARGES - whether reasonably incurred - costs of a waking watch) (2022) UKUT 282 (LC) An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably...
Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC) This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go into great detail, but there are two lessons to be drawn....
Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT - BREACH OF COVENANT - tenant's covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC) An appeal to the Upper Tribunal of an FTT decision that the...
Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831 A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service...
A couple of fire safety updates of relevance to leaseholders. The Fire Safety Act 2021 sections 1 and 3 came into force on 12 May 2022. The FSA amended the Regulatory Reform (Fire Safety) Order 2005 in order to make it clear that the duties under the 2005...
Lees v Kaye (2022) EWHC 1151 (QB) This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller...