Medley

Here are various bits and pieces, while we await big cases such as the Supreme Court decision in Poshteh v RB Kensington & Chelsea. (You can watch the hearing here.) We don’t usually promote events on Nearly Legal, but I am happy to make an exception for this one. Cornerstone Barristers are hosting the inaugural […]

Who knows where? – service and the Land Registry

Service of notices, claims etc on ‘last known address’ can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the ‘last known address’ can be relied on for service. Thus the intriguing possibilities in: Oldham Metropolitan Borough Council v Tanna [2017] […]

Service charges, contracts, social housing and subsidies

Thomas Homes Ltd v Colin MacGregor [2016] UKUT 495 (LC) An interesting question. To what extent, if at all, can leaseholders’ service charges be set at a level to ‘subsidise’ a shortfall as against actual maintenance costs in service charges recoverable from social tenants in flats provided under a section 106 agreement. The difficulties in […]

Reasonable costs of Improvements

The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they […]

Perception of doors*

Southwark Council v Various Lessees of the St Saviours Estate [2017] UKUT 10 (LC) (Full disclosure – my firm acted for the Lessees). The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement […]

Leases, tribunals and contractual costs

87 St George’s Square Management Ltd v Whiteside [2016] UKUT 438 (LC) The vexed issues of costs in service charge disputes rumble on. Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 0290 (LC) (our note) set out guidance for how and when rule 13 costs awards will be engaged and awarded in the First Tier […]

AirbnBreach – developments…

Things are hotting up on the Airbnb front. We’ve noted breach of lease issues here and here. Then there has been the big issue of massive and widespread breaches of the Greater London ‘no short letting of whole for more than 90 days per calendar year without planning permission’ rules, which councils, understandably, have been […]

In the Tribunals…

Quick notes on a couple of Upper Tribunal (Lands Chamber) cases. Cardiff Community Housing Association Ltd v Kahar  [2016] UKUT 279 (LC) Ms K had a weekly tenancy of a flat (initially her daughter’s flat but assigned to her in 2014 by mutual exchange). The tenancy agreement provided for the payment of rent and also a […]

Short term lets and private residences

Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC) We’ve seen a First Tier Tribunal case on breach of lease by use of the property for short term lets through Airbnb. Here the Upper Tribunal weighs in on the significance of lease covenants for short term letting use. The question was an  ostensibly simple one: […]

How the other half live

Eclipse Film Partners v HMRC [2016] UKSC 24 has almost nothing to do with housing law. It was an appeal from the First Tier Tribunal (Tax Chamber), via the UT (TCC) and the CA. It wasn’t even about the substantive issues in the case, rather, it was about who should pay for the costs of […]