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 […]

Rooting out heresy

This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you’re not interested in long leasehold law (which, looking at the site stats for most popular pages, is most of you), then look away now. On Friday, the Court of Appeal […]

Allocations Code: Draft Amendments

Although there appears to be a ministerial vacancy for housing policy (https://www.gov.uk/government/ministers/minister-of-state–11 h/t to Martin Partington and Jules Birch), quite a lot is happening. There are some interesting goings on about the allocation of social housing.  In a consultation paper (responses by 22nd November 2013 to allocationguidance@communities.gsi.gov.uk), Providing social housing for local people, DCLG are suggesting upping the […]

This seems to be taking a while

Back in May 2010, we covered the case of Philips v Francis (QBD, Truro District Registry) on whether or not holiday chalets let on long leases were “dwellings” within the meaning of the Landlord and Tenant Act 1985, and, hence, the service charges payable by owners of the chalets were subject to terms of the […]

Speak up

Southall Court (Residents) Ltd v Tiwari and another [2011] UKUT 218 (LC) will, I suspect, become a bit of a landlord favorite case over the next few years as it contains two passages that they’re likely to be rather pleased about. Southall Court is a block of 48 flats in Middlesex. The landlord sought a […]

Dispensing with consultation

We covered Daejan Investments Ltd v Benson and others [2011] EWCA Civ 38 when it was in the Upper Tribunal (Lands Chamber) (our note, here). For a summary of the relevant law and facts, please see that earlier post (slightly lazy, I know, but I am very tired). Daejan, as  I suspected, pursued the case […]

Service charges due and payable?

Staunton v Kaye & Anor [2010] UKUT 270 (LC) This is a rather confused matter from the Upper Tribunal (Lands) sitting in Manchester. It is made all the more confused by a transcript which muddles parties and at one point suggests the LVT was in error in remitting the matter to itself. At issue was […]

Proposed separation of fact and law…

The DCLG have issued a consultation paper on ‘dispute resolution’ under the (to be) amended Mobile Homes Act 1983 (which will also have effect for Travellers) The consultation paper can be downloaded from us [PDF]. How to respond is at the back of the document, but responses are required by 9 June 2009 (!) Amongst […]

Transferred Trespassers

As it stands, Schedule 11 of the Housing and Regeneration Act will end the existence of tolerated trespassers who meet these conditions: (i) the home condition is met (ie that the dwelling house remains the ex-tenant’s only or principal home). (ii) the ex-landlord is entitled to let the dwelling-house, and (iii) the ex-landlord and the […]

Having regard…

M & M Savant Limited v Brown and others LRX/26/2006 It is a shame that this case was decided in 2008, and not in 1998 when it would have had a much greater relevance. It contains a comprehensive analysis of s.20 Landlord and Tenant Act 1985 prior to the wide ranging amendments made by the […]