Distinguishing a Crock from a Gater – Hardwicke Chambers

Posted June 2nd, 2020 in covenants, landlord & tenant, news, service charges by sally

‘[Landlord & Tenant Act 1985] s.27A(6) provides that:

An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—(a) in a particular manner, or (b) on particular evidence,
of any question which may be the subject of an application under subsection (1) …’

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Hardwicke Chambers, 28th May 2020

Source: hardwicke.co.uk

Service Charges and Management during the Covid-19 Pandemic: Legal Issues – Tanfield Chambers

Posted May 5th, 2020 in coronavirus, landlord & tenant, leases, news, service charges by sally

‘Leaseholders and landlords of residential leasehold properties face difficulties without any direct precedent in modern times. In particular, the sudden collapse in leaseholder incomes has had a dramatic effect on service charge receipts. The challenges pose numerous legal questions.’

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Tanfield Chambers, 1st May 2020

Source: www.tanfieldchambers.co.uk

Oung Lin Chaun-Hui & Ors v K Group Holdings Inc & Ors – Tanfield Chambers

Posted April 20th, 2020 in chambers articles, housing, landlord & tenant, news, service charges, tribunals by sally

‘The Upper Tribunal considered the status of service charges recovered by a manager appointed under section 24 of the Landlord and Tenant Act 1987.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Martha Timbo v The Mayor and Burgess of the London Borough of Lambeth [2019] EWHC 1396 (Ch) – Tanfield Chambers

‘In a claim for relief from forfeiture the High Court refused to order relief where there was no good reason for delay beyond 6 months from re-entry, whether this resulted in a windfall for the landlord was irrelevant to the question of promptness.’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Certainty of delivery of notices – Upper Tribunal on the burden of proof – Nearly Legal

‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’

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Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

London Borough of Southwark v Royce & Nicoue [2019] UKUT 331 (LC) – Tanfield Chambers

‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’

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Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Adriatic Land 1 (GR3) Limited v Miller & Others – Tanfield Chambers

Posted January 28th, 2020 in insolvency, landlord & tenant, leases, news, service charges by sally

‘On an appeal against a determination of the First-Tier Tribunal (FTT) as to the reasonableness and payability of service charges, the Upper Tribunal found that the FTT had erred in its construction of the residential leases.’

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Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Avon Ground Rents Limited v (1) Cowley and others (2) Metropolitan Housing Trust (3) Advance (4) May Hempstead Partnership – Tanfield Chambers

Posted January 28th, 2020 in landlord & tenant, leases, news, service charges, third parties by sally

‘Likely payments from third parties, including insurers, may be considered when the assessing what sums are reasonable and accordingly payable in respect of service charges in advance under s.19 (2) Landlord and Tenant Act 1985.’

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Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

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Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

East Tower Apartments Limited v No.1 West India Quay Residential Limited LON/00BG/LSC/2014/0329 – Tanfield Chambers

Posted December 4th, 2019 in leases, news, service charges, utilities by sally

‘The long-running saga of East Tower Apartments Limited v No.1 West India Quay Residential Limited continues.

The landlord has been given permission to appeal to the Upper Tribunal on the issue of whether a demand under Section 20B(1) must be a contractually valid demand. If the landlord is successful, this will likely require the Upper Tribunal to find that Brent London Borough Council v Schulem B Association Ltd [2011] 1 WLR 3014 was wrongly decided.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Triplerose Ltd v Ms Bronwen Stride [2019] UKUT 99 (LC) – Tanfield Chambers

Posted December 4th, 2019 in expert witnesses, landlord & tenant, leases, news, service charges, surveyors by sally

‘There was inadequate evidence to conclude that a lease was ‘unsatisfactory’ for the purposes of s.35 of the Landlord and Tenant Act 1987 (‘the 1987 Act’), and an FTT order varying the lease was overturned. The FTT decision finding no prejudice due to a lack of expert evidence was also set aside: this decision could not stand in circumstances where an application to adjourn to obtain expert evidence had been refused due to their being an expert surveyor on the panel.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Westlake Estates v Yinusa [2019] UKUT 225 (LC) – Tanfield Chambers

Posted December 4th, 2019 in landlord & tenant, news, service, service charges by sally

‘For the purposes of Section 47 of the 1987 Act, where only one address is contained in the invoice, this is sufficient. Where more than one address is given, the landlord’s address should be clearly identified.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Ghosh v Hanover Gate Mansions Ltd [2019] UKUT 290 (LC) – Tanfield Chambers

Posted December 4th, 2019 in agency, consultations, contracts, news, service charges by sally

‘A contract between a landlord and a managing agent was found to have come into existence when the performance of management services commenced and not on the date of the landlord’s payment for the services provided. In the circumstances, the particular contract was a qualifying long term agreement and the statutory consultation requirements under section 20 of the Landlord and Tenant Act 1985 were applicable.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Camden LBC v Morath [2019] UKUT 193 (LC) – Tanfield Chambers

Posted December 4th, 2019 in landlord & tenant, leases, news, service charges by sally

‘The First-tier Tribunal had been correct to refuse a local authority landlord’s application under the Landlord and Tenant Act 1987 section 35 to vary 28 subleases granted to the occupiers of flats. The fact that those sublessees made a lower contribution by way of service charges to the landlord’s expenses than the sublessees of other flats in the same development did not mean that their subleases failed, for the purposes of section 35(2), to “make satisfactory provision” for the recovery of expenditure.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Councils and housing associations “face multi-million pound refunds to tenants after water re-selling test case in High Court – Local Government Lawyer

‘Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal

Posted November 7th, 2019 in costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’

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Nearly Legal, 5th November 2019

Source: nearlylegal.co.uk

Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers

‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’

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Tanfield Chambers, 29th October 2019

Source: www.tanfieldchambers.co.uk

Right to manage still extends across shared estate, despite practical difficulties – Tanfield Chamber

Posted September 4th, 2019 in landlord & tenant, news, service charges by sally

‘Property analysis: A right to manage (RTM) company succeeded in its claim in the First-tier Tribunal (FTT) that the tenants of a block of flats which was part of a larger estate no longer had to pay an estate charge to the management company of the estate because the RTM company had already acquired the right to manage the estate as appurtenant property. The freeholder appealed to the Upper Tribunal and unsuccessfully sought to persuade it that the 2012 Court of Appeal Gala Unity decision on this point was wrong.’

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Tanfield Chambers, 30th August 2019

Source: www.tanfieldchambers.co.uk

Mother and son beat autistic man to death with rocks and branches because he used footpath on their land – The Independent

Posted August 13th, 2019 in autism, malicious falsehood, murder, news, sentencing, service charges by tracey

‘A mother and son have been been handed life sentences after murdering a marathon runner who crossed their land. Carol Dawson, 72, and Scott Dawson, 41, shot Gary Dean in the back with an air rifle and beat him with rocks and branches in a premeditated attack, a court heard.’

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The Independent, 12th August 2019

Source: www.independent.co.uk

Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by tracey

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

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Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk