Richardson v Midland Heart appeal is no more

We have had confirmation that the appeal of the decision in Richardson v Midland Heart (our detailed note here), on shared ownership, assured tenancies and leasehold interests, has been discontinued. Rumour has it that there is another appeal in a similar shared ownership case due fairly shortly, so this may well not be the end […]

Martin Creed is not kosher

The lights go on, the lights go off, the lights go on, the lights go off. Such was Martin Creed’s Turner Prize winning installation (and I will not hear a word against Creed – I warn you now, any objection will be met with a lengthy analysis of late modernism seen through the lens of […]

Intermittently exposed

Now, this is a bit of an oddity. Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch) was an appeal from the Supreme Court Costs Office. It concerned when a person should have the protection from liability for costs under s.17 Legal Aid Act 1988. Mrs Mohammadi was a leaseholder who had pursued […]

The times, they are a'changin

Yesterday, the Lands Tribunal – so beloved of those of us who practice in the field of leasehold property law – ceased to be. It has been replaced by the Upper Tribunal (Lands Chamber) which, confusingly, is known as… the Lands Tribunal. There is currently a major re-organisation of tribunals in England and Wales and, […]

Why bother in the first place?

Since the Leasehold Reform, Housing and Urban Development Act 1993, leaseholder owners of flats in certain categories of building have been able to “collectively enfranchise” and force the freeholder to convey the freehold of the building to a nominee purchaser, normally a company formed by the leaseholders for this purpose. One of the (many) weaknesses […]

Help with service charges

Leaseholders who purchased their properties from local housing authorities under the Right to Buy (and those persons who subsequently bought on from those original purchasers) are currently facing huge service charge bills (up to £40,000 in some London Boroughs) for their alleged share of the remedial works to their buildings which is being carried out […]

Leasehold update

A couple of things to leave you with on a Friday afternoon. Leaseholders who are dissatisfied with the management of their properties are entitled to apply to a Leasehold Valuation Tribunal (LVT) for the appointment of a manager – Part 3, Landlord and Tenant Act 1987. The LVT may appoint a manager in a number […]

Unreasonable refusal to assign

A case appearing on my radar, though one that may not excite many readers is Landlord Protect Limited v St Anselm Development Company Limited [2009] EWCA Civ 99. A case concerning whether a landlord has imposed an unreasonable condition for a consent to assign. The relevant covenant in the lease was as follows: …not to […]

What is a service charge?

Morshead Mansions Ltd v Leon Di Marco [2008] EWCA Civ 1371 Service charges. Much more interesting than tolerated trespassers. Honestly. Sections 18 – 30 Landlord and Tenant Act 1985 contain a detailed regulatory framework for service charges in residential property. In broad terms, leaseholders can dispute their service charges if they are said to be […]

Accepting "part" of a cheque without waiving forfeiture

Osibanjo v Seahive Investments Limited [2008] EWCA Civ 1282 (Court of Appeal) Are there circumstances in which a landlord can accept only part of a cheque offered by a tenant and thereby avoid waiving its right to forfeit? It would appear that there are, according to the Court of Appeal in this case which raises […]