Category: leases
Settled by Settlers – Nearly Legal
‘FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can’t say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company directors and the Law Commission into a bit of a spin.’
Nearly Legal, 15th January 2022
Source: nearlylegal.co.uk
The ‘right to manage’ and shared estate facilities – Local Government Lawyer
‘In a key ruling on the “right to manage” and wider estate facilities, the Supreme Court has overturned the Court of Appeal’s ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.’
Local Government Lawyer, 12th January 2022
Source: www.localgovernmentlawyer.co.uk
Leaseholders will not have to pay to fix any fire risks, government pledges – The Guardian
‘New legislation will protect leaseholders from the costs of all post-Grenfell building safety defects, not just combustible cladding, the government has said.’
The Guardian, 10th January 2022
Source: www.theguardian.com
Leasehold assortment – Nearly Legal
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
Leasehold assortment – Nearly Legal
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
Court of Appeal on time of demands and legal costs in service charges – Nearly Legal
‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’
Nearly Legal, 30th November 2021
Source: nearlylegal.co.uk
Research Briefing: Leasehold Reform (Ground Rent) Bill 2021-22 – House of Commons Library
‘This briefing paper outlines the main provisions of the Leasehold Reform (Ground Rent) Bill 2021-22 and the key issues raised during consideration in the House of Lords.’
House of Commons Library , 25th November 2021
Source: commonslibrary.parliament.uk
Fire safety advice for low-rise blocks to be withdrawn, Gove says – The Guardian
‘Safety advice that has left thousands of households unable to sell their homes after the Grenfell Tower fire will be withdrawn by Christmas, Michael Gove has announced.’
The Guardian, 8th November 2021
Source: www.theguardian.com
Waiver and determining breach of lease – Nearly Legal
‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
Recovering commercial rent during the pandemic – Local Government Lawyer
‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
A tale of two judges – Law Society’s Gazette
‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’
Law Society's Gazette, 11th October 2021
Source: www.lawgazette.co.uk
Late service charge demands and the importance of contemplating forfeiture for recovering legal costs – Nearly Legal
‘This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and the head lessee, East Tower Apartments (ETAL) on the arrangements for and charging for utilities for the residential parts of the building (a 33 storey tower, including a hotel). The initial proceedings brought by ETAL had gone through the FTT and the Upper Tribunal and had resulted in a significant reduction in charges. For our purposes, the relevant part of these decisions where that ‘Switch 2) – the utility provider – had levied “standing charges” (actually costs for reading meters and preparing bills) from 2008 onwards. The freeholder had included these charges in the utility charge to the lessee. The FTT had found that they were not recoverable, as there had never been “a contractually valid demand for them as service charges, and it was not open to the Landlord to “re-allocate” them as general service charge.”’
Nearly Legal, 5th September 2021
Source: nearlylegal.co.uk
Research Briefing: Disabled adaptations in leasehold flats and common parts – House of Commons Library
‘This paper covers how leaseholders in flats can gain consent to home adaptations. It covers the issue of adaptations in the common parts of residential buildings.’
House of Commons Library, 5th September 2021
Source: commonslibrary.parliament.uk
‘We’re being gaslighted’: Leaseholders given huge bills despite government claim their flats are safe – The Independent
‘Homeowners in low-rise apartment blocks are being told they must hand over life-changing sums because their flats could go up in flames, even though the government has claimed the buildings pose “no systemic risk” and don’t need to be fixed.’
The Independent, 22nd August 2021
Source: www.independent.co.uk
High Court judge says housing authority has no power or discretion to accept request for late review of s.107D(3) notice – Local Government Lawyer
‘A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant’s existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.’
Local Government Lawyer, 5th August 2021
Source: www.localgovernmentlawyer.co.uk
Damages for breach of lease? Possibly not… – Nearly Legal
‘This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a judgment by HHJ Luba QC, so carries the weight of a highly experienced housing/landlord and tenant judge.’
Nearly Legal, 1st August 2021
Source: nearlylegal.co.uk
Vacant possession: Capitol Park v Global Radio Services Limited – Court of Appeal – Mills & Reeve
‘The Court of Appeal has handed down an important judgment on the operation of conditional break clauses and has found in favour of the tenant.’
Mills & Reeve, 29th July 2021
Source: www.mills-reeve.com
When procurement law and contracts for interests in land meet – Local Government Lawyer
‘Colin Ricciardiello provides a case law update examining cases that have examined the overlap between a requirement to procure and a contract for the disposal of an interest in land.’
Local Government Lawyer, 13th July 2021
Source: www.localgovernmentlawyer.co.uk
