Supreme Court refuses City of London permission to appeal in dispute with leaseholders over service charges – Local Government Lawyer

Posted August 16th, 2022 in appeals, leases, news, service charges, Supreme Court by sally

‘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.’

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Local Government Lawyer, 15th August 2022

Source: www.localgovernmentlawyer.co.uk

Not incidental enough – Nearly Legal

Posted June 24th, 2022 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘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.’

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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.”’

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Nearly Legal, 3rd April 2022

Source: nearlylegal.co.uk

Settled by Settlers – Nearly Legal

Posted January 17th, 2022 in appeals, housing, landlord & tenant, leases, news, service charges, Supreme Court by tracey

‘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.’

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Nearly Legal, 15th January 2022

Source: nearlylegal.co.uk

The ‘right to manage’ and shared estate facilities – Local Government Lawyer

Posted January 13th, 2022 in easements, landlord & tenant, leases, news, service charges, Supreme Court by tracey

‘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.’

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Local Government Lawyer, 12th January 2022

Source: www.localgovernmentlawyer.co.uk

Leasehold assortment – Nearly Legal

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

Leasehold assortment – Nearly Legal

Posted December 14th, 2021 in covenants, leases, news, service charges by tracey

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

Court of Appeal on time of demands and legal costs in service charges – Nearly Legal

Posted December 1st, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘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.’

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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

Posted September 6th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘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.”’

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Nearly Legal, 5th September 2021

Source: nearlylegal.co.uk

Who manages the managers? – Tribunal appointed manager behaving badly – Nearly Legal

Posted August 31st, 2021 in agency, fiduciary duty, landlord & tenant, news, service charges, tribunals by sally

‘A cautionary tale of a Tribunal appointed manager behaving badly and a reminder that the appointed manager’s duty is to carry out what is in the order appointing them, and that they answer to the Tribunal as an officer of the Tribunal.’

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Nearly Legal, 30th August 2021

Source: nearlylegal.co.uk

No defence, no reasonableness – service charges and referral to the Tribunal. – Nearly Legal

Posted June 11th, 2021 in appeals, housing, landlord & tenant, news, service charges, striking out, tribunals by tracey

‘Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789. This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim for service charges of the striking out of a defence has not been determined”, and my first reaction is that really, it is rather surprising that it has come up at all. Nonetheless, it has, and if you have spent 35 years waiting for clarity on this point, you are in luck. However, the judgment does have some significant things to say about referrals to the First Tier Tribunal (PC) from the courts, and the position after a struck out defence.’

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Nearly Legal, 6th June 2021

Source: nearlylegal.co.uk

Aster Communities v Chapman & Others [2021] EWCA Civ 660 – Tanfield Chambers

‘In Aster Communities v Chapman & Others [2021] EWCA Civ 660 (“Aster”) the Court of Appeal considered the circumstances in which the First-tier Tribunal (“the FTT”) may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”).’

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Tanfield Chambers, 10th May 2021

Source: www.tanfieldchambers.co.uk

Between repairs and structural defects – Nearly Legal

Posted April 6th, 2021 in leases, news, repairs, service charges by sally

‘This was the Court of Appeal judgment on an appeal from the Upper Tribunal … where the issue was whether the leaseholders were liable under their service charge for the costs of works by City of London, the freeholder, to remedy structural defects.’

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Nearly Legal, 4th April 2021

Source: nearlylegal.co.uk

Leaseholders win battle with City of London over service charges – Local Government Lawyer

Posted March 31st, 2021 in leases, local government, London, news, repairs, service charges by tracey

‘Leaseholders have won a Court of Appeal case against the City of London Corporation over whether certain repairs to their homes are chargeable to them.’

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Local Government Lawyer, 31st March 2021

Source: www.localgovernmentlawyer.co.uk

Leasehold miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Repairs, renewals and ‘like for like’ – Nearly Legal

Posted October 1st, 2020 in landlord & tenant, local government, news, repairs, service charges by sally

‘A rather odd Upper Tribunal appeal of an FTT decision as to whether the costs of a new roof to parts of a block of flats would be recoverable under the service charge.. which takes us into the nature of a repair or renewal and how far it needs to be ‘like for like’ or whether it simply needs to be such as to make the property ‘reasonably fit for occupation’.’

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Nearly Legal, 30th September 2020

Source: nearlylegal.co.uk

Dispensing with section 20 – requirements on landlord – Nearly Legal

Posted July 6th, 2020 in consultations, housing, landlord & tenant, news, service charges, tribunals by sally

‘Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they have to follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If they don’t, then they can only recover £250 from each leaseholder, unless they apply to the First Tier Tribunal for dispensation from s.20.’

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Nearly Legal, 4th July 2020

Source: nearlylegal.co.uk

Landlord’s certification conclusive and binding on issues of law? – Hardwicke Chambers

Posted June 11th, 2020 in covenants, landlord & tenant, news, rent, repairs, service charges, set-off by sally

‘This appeal was against the Deputy Master’s refusal in [2019] EWHC 3414 (Ch) to dismiss Blacks, the tenant’s counterclaim or to grant a summary money judgement in relation to S&H, the landlord’s claim for rent for over £400,000. It raised complicated issues concerning the construction and inter-relation between a set-off clause and a certification provision.’

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Hardwicke Chambers, 10th June 2020

Source: hardwicke.co.uk

No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2020] UKUT 163 (LC) Martin Rodger QC, Deputy President – Landmark Chambers

‘The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. In particular, s.20B(1), 1985 Act provides that a tenant is not liable to pay service charges which were incurred more than 18 months before a demand for payment was served on the tenant. That provision does not apply if, within the same 18 month period, the tenant is notified in writing that the costs have been incurred and that he will subsequently be required under the terms of his lease to contribute to them by payment of a service charge (s.20B(2)). In Brent LBC v Shulem B Association Ltd [2011] 1 WLR 3014, the High Court held that the “demand” for the purposes of s.20B(1) had to be a contractually valid demand. That decision was approved – without argument to the contrary – in Skelton v DBS Homes (Kings Hill) Ltd [2017] EWCA Civ 1139.’

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Landmark Chambers, 2nd June 2020

Source: www.landmarkchambers.co.uk

Residential Service Charge – Time for Reform? – Becket Chambers

‘On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That threshold is £250 per tenant. The nature of the consultation is prescribed by section 20 LTA 1985.’

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Becket Chambers, 27th May 2020

Source: becket-chambers.co.uk