Service charges due and payable?

Staunton v Kaye & Anor [2010] UKUT 270 (LC) This is a rather confused matter from the Upper Tribunal (Lands) sitting in Manchester. It is made all the more confused by a transcript which muddles parties and at one point suggests the LVT was in error in remitting the matter to itself. At issue was […]

And here’s to you, HHJ Robinson*

Three decisions of HHJ Robinson, sitting as a judge of the Upper Tribunal (Lands Chamber) for your delectation. In Masri v The Wellcome Trust Ltd [2010] UKUT 138 (LC)  the respondents had originally demanded c.£19,000 of charges but, after recording a number of concessions by the respondents and determining various remaining items, the charges, the […]

Holiday chalets and service charges

Hopefully, you’re either reading this (a) whilst enjoying the long bank-holiday weekend or (b) back in the office after having enjoyed the long weekend. Either way, a case about holiday chalets seemed appropriate at this time. By s.27A, Landlord and Tenant Act 1985, an application may be made to an LVT to determine, inter alia […]

Shake your windows

Craighead v Homes for Islington & LB Islington [2010] UKUT 47 (LC) is a decision of Andrew Trott in the Upper Tribunal on an appeal from the LVT. 21 leaseholders faced bills of £30-40,000 for service charges between 2006 and 2008 relating to “external repairs & decoration, window/roof renewal”. Given the size of the bills […]

Self Insurance and Right to Buy leases

Mihovilovic v Leicester CC [2010] UKUT 22 (LC) Another Upper Tribunal (Lands Chamber) case. This was an appeal by the leaseholders of an LVT decision in respect of service and major works charges levied by Leicester City Council, the freeholder. There were three main issues in the appeal: i) A charge for insurance of the […]

Variation of service charges

Shersby v Grenehurst Park Residents Co Ltd LRX/142/2007 Upper Tribunal (Lands Chamber) The appellant held a lease of a flat in a former mansion house. The wider estate comprised 17 such flats and a number of freehold houses and mews cottages. In total there were 40 residential units. All the units were obliged to contribute […]

Leasehold law update

This is another of the (irregular) updates on matters relating to leasehold property, leasehold valuation tribunals and the like. First up, those practicing in this field should note the the Right to Manage Companies (Model Articles) (England) Regulations 2009 SI 2009/2767 and the guidance issued by the DCLG on the Regulations. The Commonhold and Leasehold […]

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 […]

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 […]

Stadium Housing to Appeal

Regular readers of this blog will have read our comments on (in our view) a fairly poor example of service charge management by an RSL, entitled On the Naughty Step. To my surprise the RSL in question — Stadium Housing — have decided to appeal the decision. This should prove interesting as they appear (so […]