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Kensquare Ltd v Boakye (2021) EWCA Civ 1725 A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute - a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some...
Since our post on the FTT decision in Maharaj & Lo Porto v Richard Davidoff (Tribunal appointed manager) LON/00AL/LSC/2020/0111, there have been some developments with regard to Richard Davidoff and his company ABC Block Management. First, ABC Block...
Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT - BREACH OF COVENANT - shared ownership lease) (2021) UKUT 266 An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section...
Aly & Anor v Wickham & Anor (2021) EW Misc 12 (CC) This was an appeal to a Circuit Judge from a first instance decision on a money claim for unpaid service charges for holiday lodges. The lease provided (so far as relevant) that the lessee must pay:...
An assortment of things... First an erratum to yesterday's post on the High Court judgment on applications to cancel a debt moratorium. The High Court had held that such an application must be by claim form. I was subsequently pointed at Practice Direction...
No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (2021) EWCA Civ 1119 This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and...
Maharaj & Lo Porto v Richard Davidoff (Tribunal appointed manager) LON/00AL/LSC/2020/0111 (decision here) A cautionary tale of a Tribunal appointed manager behaving badly and a reminder that the appointed manager's duty is to carry out what is in the...
Almacantar Centre Point Nominee No.1 Ltd & Anor v CID Investments Ltd & Ors (2021) EW Misc 10 (CC) This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a judgment by...
Marlborough Knightsbridge Management Ltd v Fivaz (2021) EWCA Civ 989 In which the Court of Appeal grapple with whether a front entrance door to a leasehold flat is a 'landlord's fixture' or something else. This was the landlord's second appeal from the Upper...
The Building Safety Bill is here. There is a lot in it and I can't claim to have mastered it in the few hours since it was published, but I wanted to get something down on paper as soon as possible. This is, so we have been repeatedly told, the vehicle...
Gell v 32 St John's Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789 This is one of those cases where the Court of Appeal says "It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim...
Aster Communities v Kerry Chapman & Ors (2021) EWCA Civ 660 The Court of Appeal dsimissed Aster's appeal from the Upper Tribunal and upheld the UT's reasoning on setting conditions on Aster's application for dispensation from section 20 consultation...