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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 about how...
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 first, keenly...
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...
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 Council...
Thomas Homes Ltd v Colin MacGregor [2016] UKUT 495 (LC) An interesting question. To what extent, if at all, can leaseholders' service charges be set at a level to 'subsidise' a shortfall as against actual maintenance costs in service charges recoverable from...
The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular...
Southwark Council v Various Lessees of the St Saviours Estate [2017] UKUT 10 (LC) (Full disclosure - my firm acted for the Lessees). The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace...
Quick notes on a couple of Upper Tribunal (Lands Chamber) cases. Cardiff Community Housing Association Ltd v Kahar [2016] UKUT 279 (LC) Ms K had a weekly tenancy of a flat (initially her daughter's flat but assigned to her in 2014 by mutual exchange). The...
A very belated (and brief) note on Arnold v Britton & Ors [2015] UKSC 36, as I have just realised we didn't cover it. A shameful omission. Our note on the Court of Appeal decision is here. Briefly, the issue was that lease clauses for some (but not all)...
Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC) If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable...
In Nogueira v Westminster the Upper Tribunal had to deal with a rather odd decision of the First Tier Tribunal (called the "F-tT" in the report - an orthography I shall avoid). To cut what must have been a long story short, the case was about major works to...