Three to whet your appetite

The higher courts and tribunals have all been having a busy leasehold-related start to the year. None of these are hugely important, hence doing a short collective note on them. The really important cases will come later this year (Phillips v Francis; Di Marco v Morshead Mansions (No.2)) Sussex Villas v Wan [2014] UKUT 29 […]

Imported words.

The Greeks have a word for it, and if they don’t the Germans can probably knock one together. On the menu for today are hubris, nemesis, Schadenfreude and harmatia. Harmatia Our friends ‘Charles Henry’, the not-solicitors, appear to be determined to destroy the operation of civil law in its entirety through their own inadequacies. Leaving aside, […]

Costs in the LVT

The case of Christoforou and others v Standard Apartments Ltd [2013] UKUT 586 (LC) is now rather less important than it would have been, say, 3 years ago, but is still worthy of note. Mr Christoforou was the leaseholder of a flat in a building of which the freehold was owned by Standard Apartments. In […]

Putting it off

Before I come to the facts of Scriven and others v Calthorpe Estates [2013] UKUT 469 (LC), I need, I think, to give a fair bit of background. Even by the comprehensive standards of NL, this is pretty obscure. Estate Management Schemes Estate management schemes are, as Francis has previously explained, a (relatively rare) kind […]

Trespass and aggravation.

One of the oddest (and probably most expensive) trespass cases we have reported (see here for the first Court of Appeal report) has ended up back in the Court of Appeal yet again. Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013] EWCA Civ 1308 As a very brief recap, Eaton Mansions (EM) […]

Late to the party

MacGregor v B M Samuels Finance Group Ltd [2013] UKUT 471 (LC) was, I’m afraid, handed down over two months ago. Such is the state of the NL backlog that I’m only getting to it now. Sorry about that. As those of you who could not wait must have already realised, there has already been […]

Repair liability and implied lease clauses.

This one has been sitting in my draft collection for a while, but, as Christmas fades towards the new year, it finally got done. For the leaseholders in this particular appeal, it was, however, distinctly short of glad tidings. Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 What kind of liability […]

Nowhere to go and nothing to do with my time

There are two things in life I really, really enjoy. The first is listening to Queen/Freddie Mercury. The second is leasehold property disputes. I am doing the first whilst writing about the second. The case of Burchell v Raj Properties Ltd [2013] UKUT 433 (LC) is a notty little case. Mr Burchell was the leaseholder […]

Don’t Think Twice, It’s All Right (To Manage)

Fairhold Mercury Ltd v HQ (Block 1) Action Management Co Ltd [2013] UKUT 487 (LC) Fairhold (Yorkshire) Ltd v Trinity Wharf (SE16) RTM Co Ltd [2013] UKUT 502 (LC) Assethold Ltd v 7 Sunny Gardens RTM Co Ltd [2013] UKUT 509 (LC) No.1 Deansgate (Residential) Ltd v No.1 Deansgate RTM Co Ltd [2013] UKUT 580 […]

Council major works charge cap?

Council leaseholders, those who exercised the right to buy or those who bought from them, have been facing very hefty major works charges, perhaps particularly in London. When repairs have been carried out alongside Decent Homes programmes, or as large scale works of roof and window replacement have gone ahead, major works charges per household […]