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A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27 The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on "each person...
Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT - SERVICE CHARGES - ADMINISTRATION CHARGES - burden of proof - scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property...
Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831 A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service...
Still lots of cases and other things to write up, now including an appeal decision on liability for unlawful eviction damages by an intermediate landlord where the superior landlord illegally evicted the sub-tenant, and tomorrow (or today, depending on when...
Parker, R (On the Application Of) v Bashir & Anor (2022) EWHC 358 (Admin) A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution. The prosecution had been brought in respect of a fallen...
Some quick notes on leasehold related cases. Termhouse (Clarendon Court) Management Ltd v Al-Balhaa (2021) EWCA Civ 1881 The First Tier Tribunal has no power to enforce its decisions. This has to be done via the County Court. In some circumstances this can...
Jalili v Bury Council. Manchester County Court 17 June 2021 (copy of judgment can be found on Civil Litigation Brief here) An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation. Ms...
John Romans Park Homes Ltd v Mr Hancock, Mrs Hancock (02 Dec 19, unreported). Our grateful thanks to Amanda Gourlay for her note on this appeal. This matter concerned the Mobile Homes Act 1983, but the point is of far broader application. The case was a...
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...
Quick couple of cases to note (no analysis), a bit of news and a job ad. Two linked appeals on out of borough/out of London Homelessness review decisions - Alibkhiet v London Borough of Brent v City of Westminster (2018) EWCA Civ 2742 Upper Tribunal (Lands...
Muloko v Newham LBC, County Court at Central London 6 April 2018 This is from a note of the judgment in June 2018 Legal Action - Housing: Recent Developments. I usually wait a month or two on reporting cases from Legal Action, but I report it now as it has...
Bretby Hall Management Company Ltd v Pratt [2017] UKUT 70 (LC) This was an appeal to the UT on various issue arising from an FTT decision. We will not dwell on the issue of specific charges not being consulted on under s.20, but not - as the UT found,...