Leasehold Upper Tribunal roundup By Giles Peaker – Nearly Legal
‘Some quick notes on various recent (ish) Upper Tribunal decisions.’
Nearly Legal, 10th March 2024
Source: nearlylegal.co.uk
Category: leases
Anti-leasehold bill contains loopholes for developers, say campaigners – The Guardian
‘Michael Gove’s signature bill to stop developers selling new houses as leasehold properties contains loopholes that will allow them to continue doing so in certain circumstances, a revelation that has triggered anger among housing campaigners.’
The Guardian, 27th February 2024
Source: www.theguardian.com
Leasehold ban not included in housing reform law – BBC News
‘The UK government’s proposed ban on the sale of new leasehold houses has not been included in its bill to reform housing rights.’
BBC News, 30th November 2023
Source: www.bbc.co.uk
Rent Free Fitting Out Periods in 1954 Act Renewals – Gatehouse Chambers
‘In a 1954 Act claim for a renewed business tenancy, the Court will (if the parties cannot agree) need to determine the rent payable by the tenant in respect of the new lease. As part of this process the Court will, invariably, hear expert evidence and consider comparables (ideally in the form of open-market transactions of similar properties in a similar area).’
Gatehouse Chambers, 16th October 2023
Source: gatehouselaw.co.uk
Matthew Smith on Service Charges: Section 27A LTA 1985 & Estoppel by Convention – Park Square Barristers
‘The recent case of Lacy v Homeselect Finance [2023] UKUT 231 (LC) considered a number of historic service charge issues between a long-leaseholder and a freeholder of a flat in Torquay. A particular point of note is the decision regarding admissions and estoppel.’
Park Square Barristers, 11th October 2023
Source: www.parksquarebarristers.co.uk
The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers
‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’
Falcon Chambers, 9th October 2023
Source: www.falcon-chambers.com
Two cases highlight possible areas of reform to 1954 Landlord and Tenant Act – OUT-LAW.com
‘Two recent business tenancy appeals in England are likely to catch the eye of the Law Commission as it considers potential reforms to the 1954 Landlord and Tenant Act, according to one legal expert.’
OUT-LAW.com, 2nd November 2023
Source: www.pinsentmasons.com
Wearing the right hat: the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly – Tanfield Chambers
‘Jonathan Upton looks at the recent case of Alma Property Management Ltd v Crompton which illustrates the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly.’
Tanfield Chambers, 28th September 2023
Source: www.tanfieldchambers.co.uk
Tribunal sheds light on applications for cladding remediation orders – Tanfield Chambers
‘Kedai Ltd, the landlord of a London residential development, has been ordered by the First-tier Tribunal to carry out remediation under the Building Safety Act (BSA) 2022 in the case of 2-4 Leigham Court Road, Streatham.’
Tanfield Chambers, 14th September 2023
Source: www.tanfieldchambers.co.uk
First Remediation Order under Building Safety Act – Mills & Reeve
‘A group of leaseholders of two blocks of flats successfully applied for a Remediation Order against the freeholder in respect of defective external cladding and other fire safety issues. The decision by the First-tier Tribunal Property Chamber (Residential Property) in Sarah White & Karin Ida Christina Martensson & Other leaseholders v Kedai Limited (freeholder) LON/00AY/HYI/2022/0005 & 0016 is the first Remediation Order made under section 123 of the Building Safety Act 2022 (BSA).’
Mills & Reeve, 26th September 2023
Source: www.mills-reeve.com
Upper Tribunal leasehold cases – Nearly Legal
‘Brief notes on some recent Upper Tribunal cases.’
Nearly Legal, 17th September 2023
Source: nearlylegal.co.uk
Top 3 Cases – Falcon Chambers
‘In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month, the Court of Appeal have been busy and we were spoilt for choice! We’ve selected cases on concurrent leases under the telecoms Code, receivership, and the ability to challenge a decision by the Upper Tribunal to refuse permission to appeal from the First-tier Tribunal.’
Falcon Chambers, 1st August 2023
Source: www.falcon-chambers.com
Leaseholder Causes of Action: Key Points for Busy Practitioners – Tanfield Chambers
‘Hugh Rowan examines three new cases of action under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal
‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’
Nearly Legal, 30th July 2023
Source: nearlylegal.co.uk
Contractual costs in the Tribunal & County Court, with a guest appearance – Nearly Legal
‘The underlying proceedings were a small claim in the County Court by Crescent (via Davidoff as agent) for unpaid service charges against Mr Behjat as leaseholder. It was, apparently, transferred to the FTT for determination of payability and reasonableness of the service charges. It appears that there was then a Tribunal decision, and simultaneous County Court order made by the Tribunal judge sitting as a county court judge.’
Nearly Legal, 10th July 2023
Source: nearlylegal.co.uk
Housing case law update: June 2023 – Local Government Lawyer
‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 7th July 2023
Source: www.localgovernmentlawyer.co.uk
Court of Appeal clears up leasehold confusion – Law Society’s Gazette
‘The Court of Appeal has had the latest say on shared ownership leaseholders’ right to take over the management of their building – an area where the Law Commission has previously said the landscape is unclear.’
Law Society's Gazette, 31st May 2023
Source: www.lawgazette.co.uk
Shared Ownership and Right to Manage – Nearly Legal
‘This was the Court of Appeal judgment on a an appeal related to (but not from) the Upper Tribunal decision in Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Company Ltd & Anor (2020) UKUT 358 (LC) (Our note here). At issue – and it is nice to have a Court of Appeal matter that is simply on a single point of law – was whether shared ownership leases where the lessee has a less than 100% share were long leases, and so qualifying tenants for the purposes of section 76 Commonhold and Leasehold Reform Act 2002.’
Nearly Legal, 30th May 2023
Source: nearlylegal.co.uk
Received wisdom – Local Government Lawyer
‘Matt Hutchings KC, Ranjit Bhose KC and Shomik Datta report on a dispute between two public bodies about the interpretation of a commercial lease, implied terms and estoppel by convention worth over £200m.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Renters (Reform) Bill – overview Part 2 – Nearly Legal
‘Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it. Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn’t really make much of a change to existing law. The Bill adds an implied term that the tenant has a right to request to keep a pet and that the landlord cannot unreasonably refuse such a request. Where the landlord’s own lease forbids pets, or requires the superior landlord’s consent, the landlord is to request this. It is not unreasonable for a landlord to refuse permission if their superior landlord had refused consent, or if the landlord’s own lease forbids pets.’
Nearly Legal , 18th May 2023
Source: nearlylegal.co.uk
