Upper Tribunal leasehold cases – Nearly Legal
‘Brief notes on some recent Upper Tribunal cases.’
Nearly Legal, 17th September 2023
Source: nearlylegal.co.uk
Category: service charges
Waking watch costs and failing to do Fire Risk Assessments – Nearly Legal
‘This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder’s service charge. The freeholder was given permission to appeal an FTT decision that only the first 7 days worth of costs (of almost 4 months worth) was recoverable.’
Nearly Legal, 29th August 2023
Source: nearlylegal.co.uk
Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers
‘James Fieldsend looks at applying for remediation contribution orders 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
Unrepresented claimant wins appeal against lawyers over house sale – Law Society’s Gazette
‘An unrepresented claimant has won her appeal against lawyers in a negligence case described by the judge as a “stark example” of how attempts to hasten a victory go wrong.
Opening his judgment in Anna Christie v Mary Ward Legal Centre and Anor, The Honourable Mr Justice Turner said: “There is no shortage of civil cases in which well-intentioned attempts to hasten victory have had the very opposite effect. This case is a stark example of what can happen when things go wrong.”‘
Law Society's Gazette, 19th July 2023
Source: www.lawgazette.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
New Judgment: Aviva Investors Ground Rent GP Ltd and another v Williams and others [2023] UKSC 6 – UKSC Blog
‘This appeal concerned the validity of a provision in a lease which allows the landlord to revise the proportion of the overall costs of maintaining the wider estate that a leaseholder should pay by way of a service charge.’
UKSC Blog, 8th February 2023
Source: ukscblog.com
Supreme Court clarifies law on leasehold service charges – Law Society’s Gazette
‘Landlords of a block of 38 flats in Swansea, Hampshire, are entitled to vary service charges levied on leaseholders, five Supreme Court justices ruled today in a clarification of part of the Landlord and Tenant Act 1985. The dismissal of the tenants’ appeal was the fourth ruling in a dispute which began when leaseholders objected to the re-apportioning of the charges above those stated on their leases.’
Law Society's Gazette, 8th February 2023
Source: www.lawgazette.co.uk
Building Safety Act 2022: changing the rules on the landlord and tenant relationship, Part 2 – qualifying lease certificates – Practical Law: Construction Blog
‘In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s certificate, designed as a tool for the landlord to communicate with leaseholders as to whether it is “responsible” for defects, or whether it meets the “contribution condition” in the BSA 2022. In this blog, I will focus on the second element of this new framework, the “qualifying lease certificate” or “leaseholder certificate”. The relevant provisions of the BSA 2022 came into force on 28 June 2022, and the related regulations have been in force since 21 July 2022.’
Practical Law: Construction Blog, 25th January 2023
Waking watch costs and flawed reports – Nearly Legal
‘Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT – SERVICE CHARGES – whether reasonably incurred – costs of a waking watch) (2022) UKUT 282 (LC). An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably incurred by the landlord and so not recoverable under the service charge.’
Nearly Legal, 13th November 2022
Source: nearlylegal.co.uk
Service charges, burden of proof, and costs of proceedings – Nearly Legal
‘Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT – SERVICE CHARGES – ADMINISTRATION CHARGES – burden of proof – scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property Act 1925) (2022) UKUT 285 (LC).’
Nearly Legal, 13th November 2022
Source: nearlylegal.co.uk
Supreme Court refuses City of London permission to appeal in dispute with leaseholders over service charges – Local Government Lawyer
‘The Supreme Court has refused the City of London Corporation permission to appeal in a dispute with leaseholders of a tower block over whether certain repairs to their homes were chargeable to them, it has emerged.’
Local Government Lawyer, 15th August 2022
Source: www.localgovernmentlawyer.co.uk
Not incidental enough – Nearly Legal
‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’
Nearly Legal, 21st June 2022
Source: nearlylegal.co.uk
Service and admin charges – from the Upper Tribunal – Nearly Legal
‘The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation requirements on the basis that the freeholder “had started the consultation process and had kept the leaseholders of flats in the block informed until the works became sufficiently urgent that the respondent had had to carry them out without waiting for the consultation to be completed.”’
Nearly Legal, 3rd April 2022
Source: nearlylegal.co.uk
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
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
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
