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Found 40 results.
Can the First-Tier Tribunal consider an issue not raised by the parties? The background Southern Land Securities Limited v Poole [2017] concerned a claim by a landlord for the recovery...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tribunal-procedure/
Freeholder compensation during two-stage enfranchisement Freeholder not entitled to compensation in two-stage enfranchisement Each of eight residential flats at a property reserved a ground rent of £300 per annum. A...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trustees-of-the-alice-ellen-cooper-dean-charitable-foundation-v-greensleeves-owners-limited-2015/
The importance of clear drafting in documentation The background Jones & another v Oven & another [2017] concerned a Transfer between the claimants and the defendants’ predecessors in title. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/understanding-what-each-party-intended/
Elysian Fields Management Company Ltd -v- John and Patricia Nixon and Imperial Buildings Management Company Ltd -v- John Nixon [2015]: Upper Tribunal allows appeal in service charge payments claims. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-allows-appeal-in-service-charge-payments-claims/
Effective usage of reserve fund Caribax v Hinde House Management Company [2015]: Upper Tribunal decides in favour of tenants in service charge reserve fund dispute. Seven tenants of flats in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-decides-in-favour-of-tenants-in-service-charge-reserve-fund-dispute/
Whether the First-tier Tribunal had jurisdiction to dismiss a freeholder’s application to strike out a leaseholder’s claim The background In Marlborough Park Services Ltd v Leitner [2018], the parties were...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-upholds-appeal/
Does a service charge shortfall mean that service charge provisions are unsatisfactory? The background The Mayor and Burgesses of the London Borough of Camden v Morath [2019] concerned a 99-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/variation-of-residential-lease/
Tenant expelled from Co-Operative Respondent Smith was granted a weekly tenancy of a ground floor flat in London on several conditions: The Respondent was not to be the owner or...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vine-housing-co-operative-ltd-v-mark-smith-2015/
The effect of a side letter on capped rent and rent review of commercial premises The background The claimant tenant occupied the basement and ground floor premises as a retail...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vivienne-westwood-ltd-v-conduit-street-development-ltd-2017/
When a tenant breaches the terms of his lease the landlord has a range of options that may be utilised in order to remedy the breach. Undoubtedly the most powerful...
https://www.jbleitch.co.uk/news-insights/case-law-comment/waiver/
When assessing an action against a water and sewage undertaker in respect of sewage discharge, is the claim actionable under the Water Industry Act 1991 or under private law? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/water-industry-act-1991-action-whether-sewage-discharge-into-canal-was-actionable-in-private-law-manchester-ship-canal-company-ltd-v-united-utilities-water-ltd-2021/
Whether a binding contract for disposition exists to pass title in property The background This forfeiture claim was brought by JB Leitch on behalf of our freehold client, concerning the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/west-lancashire-investments-limited-v-duckworth-2017/
Court of Appeal overturns unpopular and controversial Phillips v Francis decision Francis & Anor – v – Phillips & Anor & Ors [2014] EWCA Civ 1395 Landlords can breathe a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/when-is-a-landlord-required-to-consult-for-works/
Where the freeholder of a property advises lessees that it is assuming responsibility from the management company for the delivery of services, and subsequently makes a demand for payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/whether-service-charges-were-reasonable-where-services-are-provided-by-a-landlord-who-assumes-responsibility-adriatic-land-1-gr3-ltd-v-miller-and-others-2019/
Earlier this week, the litigation team secured another success for a dispensation matter at the First tier Tribunal (FTT). Despite error in the s.20 consultation process, we successfully argued that...
https://www.jbleitch.co.uk/news-insights/blogs/with-urgency-without-prejudice/
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (WWW.JBLEITCH.CO.UK). YOUR USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS AS AT THE DATE OF YOUR...
https://www.jbleitch.co.uk/help/terms-and-conditions/
Principal Associate TALK ABOUT YOUR TIME HERE, WHAT CHALLENGES DID YOU FACE AND HOW WERE THEY OVERCOME? I have worked at JB Leitch for over 11 years and whilst working...
https://www.jbleitch.co.uk/careers/katie-edwards-journey/
Business Development Executive WHAT WAS YOUR FIRST ROLE WITH JBL? My first role was as an office junior, supporting general administration and filing duties. With time and training I became...
https://www.jbleitch.co.uk/careers/christian-cameron-journey/
Associate WHAT WERE YOUR FIRST IMPRESSIONS OF THE FIRM WHEN YOU JOINED? Everyone was really friendly and approachable, from the most junior to senior positions. TALK ABOUT YOUR TIME HERE,...
https://www.jbleitch.co.uk/careers/victoria-bottomley-journey/
JB Leitch secure an important determination at the First-tier Tribunal for the recoverability of costs for urgent fire safety work costs under the service charge. With considerable attention being given...
https://www.jbleitch.co.uk/news-insights/firm-news/fire-safety-works-cost-recovery-via-the-service-charge/
Where a landlord requires service charge contributions from tenants towards the cost of major works but has breached the statutory consultation procedure, is the tenant liable for the payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-payability-of-service-charges-where-section-20-consultation-procedure-was-not-followed-collingwood-and-others-v-carillon-house-eastbourne-ltd-2021/
Where a landlord lets bedrooms within a House in Multiple Occupation (“HMO”) without an HMO licence, and tenants subsequently vacate the property due to its poor condition, the Upper Tribunal...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-repayment-order-letting-of-property-as-house-in-multiple-occupation-without-a-licence-williams-v-parmar-others-2021/
In a case concerning a breach of a lease’s prohibition against subletting, can the Tribunal make a determination where there is evidence that the landlord waived the breach? The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-the-tribunal-can-determine-breach-of-lease-where-landlord-has-waived-the-breach-bedford-v-paragon-asra-housing-ltd-2021/
Where a tenant sought to renew its business tenancy but the landlord opposed the grant on the grounds of its own wish to occupy for business purposes, the High Court...
https://www.jbleitch.co.uk/news-insights/case-law-comment/business-tenancies-whether-a-landlord-had-requisite-intention-to-occupy-when-opposing-new-tenancy-macey-v-pizza-express-restaurants-limited-2021/
JB Leitch successfully defended an application made by the freeholder of a mixed-use block for amendment to the service charge proportions specified within the residential head lease at the property...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-first-tier-tribunal-refuses-application-by-ultimate-freeholder-for-amendment-to-service-charge-apportionment-hvm-crystal-house-ltd-v-rmb-102-ltd-2021/
The Court of Appeal considered where a decision of the First-tier Tribunal (“FTT”) on an application under section 27A of the Landlord and Tenant Act 1985 (“the 1985 Act”) can...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enforcement-of-first-tier-tribunal-decisions-termhouse-clarendon-court-management-limited-v-al-blahaa-2021/
In a church’s claim for an easement by prescription over a vehicular access track used by the church’s congregation, the Upper Tribunal considers whether the need for ‘occasional’ use is...
https://www.jbleitch.co.uk/news-insights/case-law-comment/easement-by-prescription-lost-modern-grant-whether-occasional-use-when-claiming-an-easement-is-an-absolute-requirement-hughes-v-incumbent-of-the-benefice-of-frampton-on-severn-a/
Can a local authority succeed in its application for an injunction to prevent protesters sleeping overnight on property owned by the authority? The background In Hillingdon Borough Council v Persons Unknown...
https://www.jbleitch.co.uk/news-insights/case-law-comment/nuisance-trespass-application-by-local-authority-for-injunction-to-prevent-protesters-sleeping-on-property-overnight-hillingdon-borough-council-v-persons-unknown-others-2020/
This case addresses whether a rental agreement constituted a tenancy rather than a license, and therefore whether the occupier enjoyed security of tenure under the Landlord and Tenant Act 1954,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/eviction-of-occupants-whether-an-occupant-was-unlawfully-evicted-and-whether-it-was-a-tenancy-protected-by-security-of-tenure-ruby-triangle-properties-ltd-v-jesus-sanctuary-ministries-ltd-2020/
The latest in many cases relating to properties let on a short term basis through booking agencies such as Airbnb or booking.com, this case considers an appeal as to whether...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-appeal-as-to-whether-a-short-term-airbnb-style-let-was-in-breach-of-lease-covenants-triplerose-ltd-v-beattie-anor-2020/
In an application for summary judgment relating to a claim for service charges, was the Deputy Master at first instance correct to refuse to grant a money judgment in favour...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-interpretation-of-conclusive-lease-wording-in-service-charge-dispute-sara-hossein-asset-holdings-ltd-v-blacks-outdoor-retail-ltd-2020/
In a claim for breach of covenant in respect of alterations carried out at a property, the Upper Tribunal was asked to review whether the decision made by the First-tier...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-burden-of-proof-in-claim-for-breach-of-covenant-and-evidence-supplied-at-tribunal-eldersan-ltd-v-covic-personal-representative-of-mrs-dusica-macrae-brown-deceased-2019/
Where a landlord makes an error in its notice seeking possession of a property, does the ‘reasonable recipient’ test set down in an earlier case apply such that the notice...
https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-notices-whether-the-reasonable-recipient-test-applies-when-an-error-is-made-in-a-landlords-possession-notice-pease-v-carter-2020/
Where members of the public are able to see inside adjacent private residential properties, does a cause of action in private nuisance exist in favour of the residents? The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/private-nuisance-claims-whether-overlooking-a-property-can-be-classed-as-a-private-nuisance-fearn-others-v-board-of-the-trustees-of-the-tate-gallery-2020/
Further to other recent successes in building safety matters, JB Leitch have this week seen a determination at the First-tier tribunal, under section 27(a) of the Landlord and Tenant Act...
https://www.jbleitch.co.uk/news-insights/case-studies/case-success-under-section-27a-of-the-landlord-and-tenant-act/
If you’re interested in joining our team, send us a copy of your CV, along with a covering letter, via the form below.
https://www.jbleitch.co.uk/careers/send-us-your-cv/
You need to be logged in to view our resources. To access this content, please contact the marketing team to register: s.sherlock@jbleitch.co.uk or complete the form below. If you have...
https://www.jbleitch.co.uk/resources-login/
Does a communications operator have the right to access a site and survey it for suitability of an apparatus installation under the Electronic Communications Code contained at Schedule 3A to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/electronic-apparatus-installation-whether-a-right-exists-to-survey-a-site-for-the-proposed-installation-of-electronic-communications-apparatus-university-of-london-v-cornerstone-telecommunications-i/
Page 10 of 20
Top 32 results.
Can the First-Tier Tribunal consider an issue not raised by the parties? The background Southern Land Securities Limited v Poole [2017] concerned a claim by a landlord for the recovery...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tribunal-procedure/
Freeholder compensation during two-stage enfranchisement Freeholder not entitled to compensation in two-stage enfranchisement Each of eight residential flats at a property reserved a ground rent of £300 per annum. A...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trustees-of-the-alice-ellen-cooper-dean-charitable-foundation-v-greensleeves-owners-limited-2015/
The importance of clear drafting in documentation The background Jones & another v Oven & another [2017] concerned a Transfer between the claimants and the defendants’ predecessors in title. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/understanding-what-each-party-intended/
Elysian Fields Management Company Ltd -v- John and Patricia Nixon and Imperial Buildings Management Company Ltd -v- John Nixon [2015]: Upper Tribunal allows appeal in service charge payments claims. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-allows-appeal-in-service-charge-payments-claims/
Effective usage of reserve fund Caribax v Hinde House Management Company [2015]: Upper Tribunal decides in favour of tenants in service charge reserve fund dispute. Seven tenants of flats in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-decides-in-favour-of-tenants-in-service-charge-reserve-fund-dispute/
Whether the First-tier Tribunal had jurisdiction to dismiss a freeholder’s application to strike out a leaseholder’s claim The background In Marlborough Park Services Ltd v Leitner [2018], the parties were...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-upholds-appeal/
Does a service charge shortfall mean that service charge provisions are unsatisfactory? The background The Mayor and Burgesses of the London Borough of Camden v Morath [2019] concerned a 99-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/variation-of-residential-lease/
Tenant expelled from Co-Operative Respondent Smith was granted a weekly tenancy of a ground floor flat in London on several conditions: The Respondent was not to be the owner or...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vine-housing-co-operative-ltd-v-mark-smith-2015/
The effect of a side letter on capped rent and rent review of commercial premises The background The claimant tenant occupied the basement and ground floor premises as a retail...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vivienne-westwood-ltd-v-conduit-street-development-ltd-2017/
When a tenant breaches the terms of his lease the landlord has a range of options that may be utilised in order to remedy the breach. Undoubtedly the most powerful...
https://www.jbleitch.co.uk/news-insights/case-law-comment/waiver/
When assessing an action against a water and sewage undertaker in respect of sewage discharge, is the claim actionable under the Water Industry Act 1991 or under private law? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/water-industry-act-1991-action-whether-sewage-discharge-into-canal-was-actionable-in-private-law-manchester-ship-canal-company-ltd-v-united-utilities-water-ltd-2021/
Whether a binding contract for disposition exists to pass title in property The background This forfeiture claim was brought by JB Leitch on behalf of our freehold client, concerning the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/west-lancashire-investments-limited-v-duckworth-2017/
Court of Appeal overturns unpopular and controversial Phillips v Francis decision Francis & Anor – v – Phillips & Anor & Ors [2014] EWCA Civ 1395 Landlords can breathe a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/when-is-a-landlord-required-to-consult-for-works/
Where the freeholder of a property advises lessees that it is assuming responsibility from the management company for the delivery of services, and subsequently makes a demand for payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/whether-service-charges-were-reasonable-where-services-are-provided-by-a-landlord-who-assumes-responsibility-adriatic-land-1-gr3-ltd-v-miller-and-others-2019/
Earlier this week, the litigation team secured another success for a dispensation matter at the First tier Tribunal (FTT). Despite error in the s.20 consultation process, we successfully argued that...
https://www.jbleitch.co.uk/news-insights/blogs/with-urgency-without-prejudice/
JB Leitch secure an important determination at the First-tier Tribunal for the recoverability of costs for urgent fire safety work costs under the service charge. With considerable attention being given...
https://www.jbleitch.co.uk/news-insights/firm-news/fire-safety-works-cost-recovery-via-the-service-charge/
Where a landlord requires service charge contributions from tenants towards the cost of major works but has breached the statutory consultation procedure, is the tenant liable for the payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-payability-of-service-charges-where-section-20-consultation-procedure-was-not-followed-collingwood-and-others-v-carillon-house-eastbourne-ltd-2021/
Where a landlord lets bedrooms within a House in Multiple Occupation (“HMO”) without an HMO licence, and tenants subsequently vacate the property due to its poor condition, the Upper Tribunal...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-repayment-order-letting-of-property-as-house-in-multiple-occupation-without-a-licence-williams-v-parmar-others-2021/
In a case concerning a breach of a lease’s prohibition against subletting, can the Tribunal make a determination where there is evidence that the landlord waived the breach? The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-the-tribunal-can-determine-breach-of-lease-where-landlord-has-waived-the-breach-bedford-v-paragon-asra-housing-ltd-2021/
Where a tenant sought to renew its business tenancy but the landlord opposed the grant on the grounds of its own wish to occupy for business purposes, the High Court...
https://www.jbleitch.co.uk/news-insights/case-law-comment/business-tenancies-whether-a-landlord-had-requisite-intention-to-occupy-when-opposing-new-tenancy-macey-v-pizza-express-restaurants-limited-2021/
JB Leitch successfully defended an application made by the freeholder of a mixed-use block for amendment to the service charge proportions specified within the residential head lease at the property...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-first-tier-tribunal-refuses-application-by-ultimate-freeholder-for-amendment-to-service-charge-apportionment-hvm-crystal-house-ltd-v-rmb-102-ltd-2021/
The Court of Appeal considered where a decision of the First-tier Tribunal (“FTT”) on an application under section 27A of the Landlord and Tenant Act 1985 (“the 1985 Act”) can...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enforcement-of-first-tier-tribunal-decisions-termhouse-clarendon-court-management-limited-v-al-blahaa-2021/
In a church’s claim for an easement by prescription over a vehicular access track used by the church’s congregation, the Upper Tribunal considers whether the need for ‘occasional’ use is...
https://www.jbleitch.co.uk/news-insights/case-law-comment/easement-by-prescription-lost-modern-grant-whether-occasional-use-when-claiming-an-easement-is-an-absolute-requirement-hughes-v-incumbent-of-the-benefice-of-frampton-on-severn-a/
Can a local authority succeed in its application for an injunction to prevent protesters sleeping overnight on property owned by the authority? The background In Hillingdon Borough Council v Persons Unknown...
https://www.jbleitch.co.uk/news-insights/case-law-comment/nuisance-trespass-application-by-local-authority-for-injunction-to-prevent-protesters-sleeping-on-property-overnight-hillingdon-borough-council-v-persons-unknown-others-2020/
This case addresses whether a rental agreement constituted a tenancy rather than a license, and therefore whether the occupier enjoyed security of tenure under the Landlord and Tenant Act 1954,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/eviction-of-occupants-whether-an-occupant-was-unlawfully-evicted-and-whether-it-was-a-tenancy-protected-by-security-of-tenure-ruby-triangle-properties-ltd-v-jesus-sanctuary-ministries-ltd-2020/
The latest in many cases relating to properties let on a short term basis through booking agencies such as Airbnb or booking.com, this case considers an appeal as to whether...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-appeal-as-to-whether-a-short-term-airbnb-style-let-was-in-breach-of-lease-covenants-triplerose-ltd-v-beattie-anor-2020/
In an application for summary judgment relating to a claim for service charges, was the Deputy Master at first instance correct to refuse to grant a money judgment in favour...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-interpretation-of-conclusive-lease-wording-in-service-charge-dispute-sara-hossein-asset-holdings-ltd-v-blacks-outdoor-retail-ltd-2020/
In a claim for breach of covenant in respect of alterations carried out at a property, the Upper Tribunal was asked to review whether the decision made by the First-tier...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-burden-of-proof-in-claim-for-breach-of-covenant-and-evidence-supplied-at-tribunal-eldersan-ltd-v-covic-personal-representative-of-mrs-dusica-macrae-brown-deceased-2019/
Where a landlord makes an error in its notice seeking possession of a property, does the ‘reasonable recipient’ test set down in an earlier case apply such that the notice...
https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-notices-whether-the-reasonable-recipient-test-applies-when-an-error-is-made-in-a-landlords-possession-notice-pease-v-carter-2020/
Where members of the public are able to see inside adjacent private residential properties, does a cause of action in private nuisance exist in favour of the residents? The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/private-nuisance-claims-whether-overlooking-a-property-can-be-classed-as-a-private-nuisance-fearn-others-v-board-of-the-trustees-of-the-tate-gallery-2020/
Further to other recent successes in building safety matters, JB Leitch have this week seen a determination at the First-tier tribunal, under section 27(a) of the Landlord and Tenant Act...
https://www.jbleitch.co.uk/news-insights/case-studies/case-success-under-section-27a-of-the-landlord-and-tenant-act/
Does a communications operator have the right to access a site and survey it for suitability of an apparatus installation under the Electronic Communications Code contained at Schedule 3A to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/electronic-apparatus-installation-whether-a-right-exists-to-survey-a-site-for-the-proposed-installation-of-electronic-communications-apparatus-university-of-london-v-cornerstone-telecommunications-i/
