The future for me is already a thing of the past

Avon Ground Rents Ltd v (1) Cowley & Others, (2) Metropolitan Housing Trust, (3) Advance, (4) May Hempstead Partnership [2019] EWCA Civ 1827 (no transcript yet on BAILII, we’ve seen a copy on Lawtel) This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance […]

Upper Tribunal roundup (The Very Late Summer 2019 edition)

There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up. Actually, it was time for a bit of a round up back in August when I started this post and I can only apologise that […]

‘Renovations’ and Forfeiture – Don’t do this!

The Times reports on a story of forfeiture of a residential lease (paywall or limited free access). I’m noting this not because of any particular legal complications, but because it is one of the relatively rare examples where forfeiture actually happened. It is also because I got a lot of responses expressing astonishment that such […]

Mobile home security

In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home.  Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes […]

Beach huts: chattels, leases, estoppel

Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving.  This is not just because of the claims discussed – whether beach huts were fixtures or chattels, whether a lease had been granted to the owners of the huts, whether […]

Premature forfeiture

A couple of quick notes on forfeiture of leases. Cheerupmate2 Ltd v Calce (2017) UKUT 377 (TCC) Forfeiture for ground rent arrears was not valid because: a) The wrong notice under s.166 Commonhold and Leasehold Reform Act 2002 had been served. The notice was statutorily prescribed and the use of an older, pre-2011 version was not acceptable. […]

Incurred and incurred again

Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their […]

The Tribunal’s enforcer

In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of […]

Leasehold disputes and costs

Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually give the landlord/manager a right to recover legal costs, often through a variety of different forms of covenant. These clauses […]

Do Right To Manage Baby (Do Unto Others)

Triplerose Ltd v Ninety Broomfield Road RTM Co Ltd [2015] EWCA Civ 282 This is a rare treat for our RTM fan (he knows who he is) – a decision of the Court of Appeal on the right to manage provisions in Commonhold and Leasehold Reform Act 2002. I must confess that the decision is […]