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Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters. Aviva Investors Ground Rent GP LTd & Anor v Williams & Ors (2021) EWCA Civ 27 Lease wording on apportionment of service charges to the effect that "your share of...
The HMCTS mediation pilot on possession claims started on 1 February 2021, with the idea that it will ease the backlog of possession claims in the county courts by allowing resolution of landlord and tenant disputes outside of the full possession process....
On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the...
Moorjani v Kilcoyne (Rev 1) (2020) EWHC 3463 (QB) The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the...
Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the...
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...