Perception of doors*

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 communal doors and front entrance doors carried out during fire safety improvement […]

In the Tribunals…

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 tenancy agreement provided for the payment of rent and also a […]

Just walk away (beforehand)

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) holiday chalet leases in the Gower effectively […]

‘It did seem to be expensive’

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 service charge for the purposes of s.18 Landlord and Tenant Act […]

Cannot undertake to the FTT to patch up bad work

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 a large block. The freeholders had […]

Indecent homes and major works charges

The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014. The upshot of the mandatory directions is that a social landlord which undertakes “repair, maintenance or improvement” wholly or partly funded by (a) the Decent Homes Backlog Funding provided through the […]

Don’t ask the surveyor

Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes. Many residential leases for flats divide up the total service charge bill between flat owners in some fixed proportion. For example in a block of four flats, each flat might bear […]

Council major works charge cap?

Council leaseholders, those who exercised the right to buy or those who bought from them, have been facing very hefty major works charges, perhaps particularly in London. When repairs have been carried out alongside Decent Homes programmes, or as large scale works of roof and window replacement have gone ahead, major works charges per household […]

LVT issues – pre-summer holiday round up

This should – I hope – be the last leasehold property/LVT case round up for a few weeks. But it’s a good one. I promise. Appeals. Service charges. Consultation. Right to Manage. Who needs “50 Shades” when you’ve got case-law to enjoy? Appeals Wellcome Trust Ltd v 19-22 Onslow Gardens  Freehold [2012] EWCA Civ 1024 […]

Service charges and reasonably incurred

Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) By s.19(1)(a), Landlord and Tenant Act 1985, leaseholders are only liable to pay service charges to the extent that they are reasonably incurred. The property in question has something of an unfortunate history. Following many years of neglect and poor management, the leaseholders […]