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London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024) This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was...
A few quick notes on various leasehold related cases. Howe Properties (NE) Ltd v Accent Housing Ltd (2024) EWCA Civ 297 Accent Housing levied a management fee on leaseholders which was at flat rate and a) differed by tenure (freehold and assured tenancies...
Some quick notes on various recent (ish) Upper Tribunal decisions Crisplane Ltd v Plymouth Community Homes Ltd (LANDLORD AND TENANT - SERVICE CHARGES - liability of lessee under right to buy leases to contribute to cost of repairing roof - s.139 and Sch.6,...
Brief notes on some recent Upper Tribunal cases. Davies v Benwell Road RTM Company Ltd (LANDLORD AND TENANT - SERVICE CHARGES) (2023) UKUT 197 (LC) Following a complicated and muddled history of County Court and FTT proceedings between the parties, a 'double...
Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues. Yambasu v London Borough of Southwark (LANDLORD AND TENANT - SERVICE CHARGES - Consultation requirements for qualifying long-term agreements)...
Right, I am back from a two week holiday (it was lovely thank you) so onwards... Crescent Trustees Limited v Behjat. Tribunal Ref: LON/00BJ/LSC/2021/0168, County Court Claim No F69YX307 I had my attention drawn to this First Tier Tribunal/County Court double...
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...
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...
Behjat v Crescent Trustees Ltd (2022) UKUT 115 (LC) UTLC We've previously seen some messes happen where the First Tier Tribunal judges purport to exercise their jurisdiction as county court judges, for example here. This, unfortunately, is another instance...
Some brief notes on recent Upper Tribunal (LC) service and administration charge decisions Marshall v Northumberland & Durham Property Trust Ltd (2022) UKUT 92 (LC) The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation...
Kensquare Ltd v Boakye (2021) EWCA Civ 1725 A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute - a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some...
Aly & Anor v Wickham & Anor (2021) EW Misc 12 (CC) This was an appeal to a Circuit Judge from a first instance decision on a money claim for unpaid service charges for holiday lodges. The lease provided (so far as relevant) that the lessee must pay:...