Radcliffe Investment Properties Ltd v Meeson & Ors (LANDLORD AND TENANT - SERVICE CHARGES) (2023) UKUT 209 (LC) This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder's...
Waking watch costs and flawed reports
Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT - SERVICE CHARGES - whether reasonably incurred - costs of a waking watch) (2022) UKUT 282 (LC) An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably...
Fire Safety updates
A couple of fire safety updates of relevance to leaseholders. The Fire Safety Act 2021 sections 1 and 3 came into force on 12 May 2022. The FSA amended the Regulatory Reform (Fire Safety) Order 2005 in order to make it clear that the duties under the 2005...
The Gove Conundrum
Today (Monday) was Michael Gove's big day. Not the getting stuck in a lift at Broadcasting House for half an hour, but the announcement of his plans to tackle the Building Safety Crisis. There was a distinct change in rhetoric - with developers and...
The Building Safety Bill
The Building Safety Bill is here. There is a lot in it and I can't claim to have mastered it in the few hours since it was published, but I wanted to get something down on paper as soon as possible. This is, so we have been repeatedly told, the vehicle...
Brief assorted case notes
Bromford Housing Association Ltd v Nightingale (2020) EWHC 2648 (QB) An application for relief from sanctions by the defendant to file a late witness statement by a homeless officer in a possession claim was rightly refused by the first instance judge as the...
Of HHSRS and Hiatuses
A couple of things... MHCLG have issued an "Addendum for the profile for the hazard of fire and in relation to cladding systems on high rise residential buildings" to the operating guidance to the HHSRS in relation to ACM cladding. The aim is: to provide...
Fire Safety – Who Pays?
Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for...
Legal Aid: Rights, wrongs and the Lord Chancellor
I wrote at some length about legal aid, tenants rights and Grenfell Tower here (the third of the 'myths'). Sara Stephens (my esteemed colleague - full disclosure) also explained the situation in a Legal Voice article here. But still it rumbles on, including...
Not So Alarming
There are new provisions requiring smoke and carbon monoxide detectors in residential properties. This announcement has had an interesting genesis! The Government announced on 11 March 2015 that it would be utilising powers it had taken to itself to require...
Fire, Fire!
A brief note to point out the Fire Safety (Protection of Tenants) Bill 2010-11, which is currently working through the House of Commons. This is Private Members Bill which had its first reading on 30 June 2010 (we were a bit slow picking it up, sorry) and is...