The Government has today announced plans for forthcoming legislation on leasehold reform as an initial step on a programme of reform that broadly follows the Law Commission reports and recommendations. What was announced today is that there will be...
Gibbins v Gibbins (LANDLORD AND TENANT - Refusal to adjourn - AirBnB lettings) (2020) UKUT 335 (LC) A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L - the leaseholder -...
Bromford Housing Association Ltd v Nightingale (2020) EWHC 2648 (QB) An application for relief from sanctions by the defendant to file a late witness statement by a homeless officer in a possession claim was rightly refused by the first instance judge as the...
Together with my Anthony Gold housing team colleague Jenny Evans, I did a webinar today (Wednesday) on build defects, issues and remedies for leaseholders. The video of the webinar is free to view here if anyone is interested or might find it of use. I would...
Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB) An appeal from a Circuit Judge's decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living...
The London Borough of Lambeth v Gniewosz (LANDLORD AND TENANT : SERVICE CHARGES) (2020) UKUT 274 (LC) A rather odd Upper Tribunal appeal of an FTT decision as to whether the costs of a new roof to parts of a block of flats would be recoverable under the...
The stay on possession claims imposed by CPR 55.29 was due to end on Sunday 23 August. In an extraordinary, after the last minute, step, on 20 August 2020 the Lord Chancellor directed the Master of the Rolls and the Civil Procedure Rules Committee to amend...
Aster Communities v Chapman & Ors (LANDLORD AND TENANT : SERVICE CHARGES) (2020) UKUT 177 (LC) A quick note on this one. Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they...
Marchitelli v 15 Westgate Terrace Ltd (2020) UKUT 192 (LC) An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any...
Triplerose Ltd v Beattie & Anor (LANDLORD AND TENANT - BREACH OF COVENANT) (2020) UKUT 180 (LC) Another Upper Tribunal decision to add to the now large pile of cases on airbnb/short let use and breach of lease. In this case, the FTT had found the short...
Duval v 11-13 Randolph Crescent Ltd (2020) UKSC 18 The issue before the Supreme Court was whether "the landlord of a block of flats is entitled, without breach of covenant, to grant a licence to a lessee to carry out work which, but for the licence, would...
A couple of leasehold cases, one on flat entrance doors and, one on rights of access through those doors. First, Fivaz v Marlborough Knightsbridge Management Ltd (LANDLORD AND TENANT - BREACH OF COVENANT) (2020) UKUT 138 (LC), a skirmish in what appears to...