Aster Communities v Kerry Chapman & Ors (2021) EWCA Civ 660 The Court of Appeal dsimissed Aster's appeal from the Upper Tribunal and upheld the UT's reasoning on setting conditions on Aster's application for dispensation from section 20...
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...
A couple of Upper Tribunal appeal decisions on service charge issues, with the second of particular significance. Cookson v Assethold Ltd (LANDLORD AND TENANT - SERVICE CHARGES) (2020) UKUT 115 (LC) An appeal on section 20B Landlord and Tenant Act...
Holding And Management (Solitaire) Ltd v Miller (LANDLORD AND TENANT - SERVICE CHARGES) (2019) UKUT 402 (LC) An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal...
Avon Ground Rents Ltd v (1) Cowley & Others, (2) Metropolitan Housing Trust, (3) Advance, (4) May Hempstead Partnership [2019] EWCA Civ 1827 (no transcript yet on BAILII, we've seen a copy on Lawtel) This is an important Court of Appeal...
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...
Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018 (not on Bailii. Lawtel note of extempore judgment) CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG...
Marlborough Park Services Ltd v Micha Leitner (2018) UKUT 230 (LC) Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question...
First Tier Tribunal LON/00AH/LSC/2017/0435 - Firstport Property Services Ltd v various leaseholders of Citiscape We previously saw the Salford decision on the costs of a 'waking watch' in a tower with 'Grenfell' style cladding, but this was the...
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...
Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an...
Sheffield City Council v Oliver [2017] EWCA Civ 225 We saw this case in the Upper Tribunal, here, and I'll borrow the brief facts. Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The...