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Found 40 results.
In large, complex transactions, it can be easy to miss a small piece of detail which is only noticed later on. This case discusses the Court’s approach to rectification of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rectification-of-contract-whether-contract-terms-can-be-rectified-where-a-mistake-was-made-during-a-transaction-fshc-group-holdings-limited-v-glas-trust-corporation-limited-2019/
Where a defendant does not plead individual defences to every point raised in a claim, can the defence still meet the requirements of the Civil Procedure Rules and satisfy the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/defending-claims-the-importance-of-pleading-a-defence-to-every-point-raised-patel-and-another-v-patel-and-others-2019/
Addressing whether an automatically generated email signature is considered as being signed for the purposes of satisfying section 2 of the Law of Property (Miscellaneous Provisions) Act 1989. The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/execution-of-contract-whether-an-electronic-email-signature-is-sufficient-to-deem-satisfactory-execution-of-a-contract-neocleous-v-rees-2019/
Where a tenant entered into a lease of a public house and breached the terms requiring it to purchase goods exclusively from the landlord, is the issue considered a ‘serious...
https://www.jbleitch.co.uk/news-insights/case-law-comment/injunction-for-breach-of-lease-whether-there-was-a-serious-issue-to-be-tried-where-a-tenant-had-breached-the-terms-of-its-lease-unique-pub-properties-ltd-v-roddy-others-2019/
When a new point is raised during appeal which has not been addressed previously in the court below, should the new point be admitted and considered by the appeal court?...
https://www.jbleitch.co.uk/news-insights/case-law-comment/civil-procedure-rules-the-admission-of-new-points-raised-on-appeal-notting-hill-finance-limited-v-sheikh-2019/
The Court considered the importance of accurate calculation of time periods, accurate drafting of witness statements and complete and open correspondence with the Court and all parties. The background In Evans...
https://www.jbleitch.co.uk/news-insights/case-law-comment/civil-procedure-rules-the-courts-approach-to-inaccurate-time-periods-drafting-and-correspondence-evans-v-pinsent-masons-llp-2019/
Can a claim for adverse possession succeed if the squatter never takes up possession or occupation? The background In King and another v The Incumbent of the Benefice of Newburn in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/adverse-possession-can-a-claim-for-adverse-possession-succeed-if-the-squatter-never-takes-up-possession-or-occupation/
Adverse possession: Whether paving was sufficient to support a claim for adverse possession. The background In Thorpe v Frank [2019], Mrs Thorpe made a claim for adverse possession of an area...
https://www.jbleitch.co.uk/news-insights/case-law-comment/paving-the-way-to-possession/
Whether the court considered the replacement of cladding inevitable in a defects claim. The background In Wharfside Regeneration (Ipswich) v Laing O’Rourke Construction South Ltd and others [2018], Laing O’Rourke (“Laing”)...
https://www.jbleitch.co.uk/news-insights/case-law-comment/replacement-of-cladding/
Whether mandatory statutory provisions can be classed as ‘unfair contract terms’. The background Jones and another v Roundlistic Ltd [2018] concerned the lease of a property let for use as a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/contractual-terms-are-the-utccr-1999-capable-of-re-writing-other-legislation/
The JB Leitch litigation team were recently successful in a First-tier Tribunal matter challenging the validity of an application for the right to manage (RTM) under section 84(3) of the...
https://www.jbleitch.co.uk/news-insights/case-studies/a-qualified-success-successfully-challenging-the-validity-of-an-application-for-the-right-to-manage-at-the-first-tier-tribunal/
The litigation team recently 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 dispensation from...
https://www.jbleitch.co.uk/news-insights/case-studies/validity-of-dispensation-where-safety-is-critical-dispensation-granted-without-prejudice-despite-s-20-consultation-error/
JB Leitch acted for the Right to Manage (RTM) Company of a property, (comprised of two residential apartment blocks of seventeen storeys with 182 individual apartments), with our team securing...
https://www.jbleitch.co.uk/news-insights/case-studies/a-matter-of-no-appeal-dispensation-from-section-20-consultation-requirements-and-the-variation-of-multiple-leases/
On behalf of our landlord client, J B Leitch successfully applied to the First-tier Tribunal (FTT) for determination of reasonableness of service charges demanded from tenants in respect of structural...
https://www.jbleitch.co.uk/news-insights/case-studies/a-reasonable-remedy-determination-of-reasonableness-of-service-charges-for-structural-repairs/
Where a landlord proposes to undertake urgent fire safety works at a residential block, can it obtain dispensation from the statutory consultation requirements under section 20 Landlord and Tenant Act...
https://www.jbleitch.co.uk/news-insights/case-studies/building-safety-a-matter-of-urgency-service-charge-dispensation-from-statutory-consultation-where-urgent-works-are-required/
Where a tenant made alterations to a property without consent, this recent County Court decision determines the penalties to be imposed. JB Leitch successfully represented the management company in this...
https://www.jbleitch.co.uk/news-insights/case-studies/the-importance-of-consent-remains-unaltered-alterations-to-property-court-orders-reinstatement-of-property-following-unauthorised-alterations-made-by-tenant/
A management company proposed to carry out urgent fire safety works to three properties forming part of a development and made an application to the First-tier Tribunal for dispensation from...
https://www.jbleitch.co.uk/news-insights/case-studies/critical-communication-service-charge-dispensation-from-statutory-consultation-procedure-to-undertake-fire-safety-works/
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-studies/a-notable-event-service-charge-first-tier-tribunal-refusal-of-an-application-by-the-ultimate-freeholder-for-amendment-to-service-charge-apportionment/
The Court of Appeal sets down its test for determination of a possession order where the claim is disputed ‘on grounds which appear to be substantial’. The background In Global 100...
https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-claims-court-of-appeal-test-for-determination-of-possession-claims-which-are-disputed-on-substantial-grounds-global-100-ltd-v-maria-laleva-2021/
Where a landlord wished to forfeit a lease as a result of arrears of rent, the High Court considered whether the agreement between the parties constituted a lease or a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-occupation-constituted-a-lease-to-allow-application-for-forfeiture-to-succeed-bhat-and-another-v-patel-and-another-2021/
Whether a landlord could demonstrate firm intention to redevelop property. The background In Santander UK plc v LPC Estates Ltd [2018], the applicant requested the grant of a new lease from...
https://www.jbleitch.co.uk/news-insights/case-law-comment/refusing-a-lease-renewal-in-favour-of-a-building-lease/
Circumstances when a property owner may obtain an injunction in advance against parties unknown. The background In Vastint Leeds BV v Persons Unknown [2018], the landowner’s property, which was reserved for...
https://www.jbleitch.co.uk/news-insights/case-law-comment/quia-timet-injunctions-and-the-unknown/
Whether sums demanded on account of service charge were reasonable. The background In Wigmore Homes (UK) Ltd v Spembly Works Residents Association Ltd [2018], the property consisted of a converted factory...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-on-account-without-certification/
Whether a tenant was liable for an unexpected increase in index-linked rent. The background Trillium (Prime) Property GP Ltd v Elmfield Road Ltd [2018] concerned a commercial reversionary lease of office...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review/
Whether relief requires an occupier to enjoy proprietary or possessory rights. The background In Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd [2018], the respondent Vauxhall enjoyed rights granted in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-against-forfeiture/
Highlighting the importance of accuracy in notices served under a lease. The background In Ropemaker Properties Ltd and another v Bella Italia Restaurants Ltd [2018], the claimant landlord entered into an...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-and-validity-of-notices/
Whether a right of way is held to be abandoned by erection of a fence. The background In Annetts v Adeleye [2018], a right of way to a strip of land...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rights-of-way-over-access-to-land/
Whether special rules apply to litigants in person who fail to comply with the Civil Procedure Rules. The background In Barton v Wright Hassall LLP [2018], the unrepresented appellant sent a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-proceedings/
Whether a ‘registration gap’ invalidated service of a break notice. The background In Sackville UK Property Select II (GP) No. 1 Limited v Robertson Taylor Insurance Brokers Limited [2018], the residue...
https://www.jbleitch.co.uk/news-insights/case-law-comment/break-notices/
Circumstances where restrictive covenants in leases may be discharged or modified. The background In Re Holden [2018], an application was made to the Upper Tribunal to discharge restrictive covenants in a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/modification-of-restrictive-covenants/
Whether insurance costs of a whole building were recoverable by the landlord. The background In Atherton & Ors v M B Freeholds Ltd [2017], leaseholders were obliged by their leases to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/insurance-obligations-in-a-lease/
Whether an occupier had received sufficient notice of possession order. The background In Brooker & Wilson v St Paul [2017], the occupier owned 50% of the interest in the flat, with...
https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-orders-and-occupiers/
Breach of covenant during construction works. The background In Wild Duck Ltd v Smith [2017], the claimant had acquired 5 leases from the defendants, on which land holiday homes were to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/management-of-residential-blocks/
Statutory requirements and limitations on residential service charges. The background The appellant was the management company of a building within which were four flats, of which the respondents were tenants....
https://www.jbleitch.co.uk/news-insights/case-law-comment/23-dollis-avenue-1998-v-vejdani-2016/
Liability of tenants to contribute towards maintenance of structures constructed by a further tenant. The background A tenant of a penthouse flat in a building occupied by several tenants, including...
https://www.jbleitch.co.uk/news-insights/case-law-comment/christopher-moran-holdings-ltd-v-laura-carrara-cagni-2016/
The Supreme Court considers the extent of a landlord’s implied repair covenant. The background A residential flat was let to the Appellant, Mr Kumarasamy, by a lease for a term...
https://www.jbleitch.co.uk/news-insights/case-law-comment/edwards-v-kumarasamy-2016/
High Court grants relief from forfeiture in favour of tenants who took 14 months to bring proceedings. The background The tenant occupied a property which was used for its MOT...
https://www.jbleitch.co.uk/news-insights/case-law-comment/pineport-v-grangeglen-2016/
Balkhi v Southern Land Securities Limited [2016]. The background The upper residential floors of the subject property formed the demise under a head lease between freeholder and head landlord, and...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tenant-contributions-to-a-freeholders-sinking-fund/
Liability is a serious concern. What exposure does a landlord face when an RTM company has not carried out risk and safety assessments at a property? We know from speaking...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rtm-risk-and-safety-assessment-responsibilities/
Upper Tribunal decision centres on wording A right to manage application was made by an RTM company, concerning a property described in the claim form as: ‘Platinum House, Lyon Road,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/miltonland-v-platinum-house-harrow-rtm-co-2015/
Page 11 of 20
Top 40 results.
In large, complex transactions, it can be easy to miss a small piece of detail which is only noticed later on. This case discusses the Court’s approach to rectification of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rectification-of-contract-whether-contract-terms-can-be-rectified-where-a-mistake-was-made-during-a-transaction-fshc-group-holdings-limited-v-glas-trust-corporation-limited-2019/
Where a defendant does not plead individual defences to every point raised in a claim, can the defence still meet the requirements of the Civil Procedure Rules and satisfy the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/defending-claims-the-importance-of-pleading-a-defence-to-every-point-raised-patel-and-another-v-patel-and-others-2019/
Addressing whether an automatically generated email signature is considered as being signed for the purposes of satisfying section 2 of the Law of Property (Miscellaneous Provisions) Act 1989. The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/execution-of-contract-whether-an-electronic-email-signature-is-sufficient-to-deem-satisfactory-execution-of-a-contract-neocleous-v-rees-2019/
Where a tenant entered into a lease of a public house and breached the terms requiring it to purchase goods exclusively from the landlord, is the issue considered a ‘serious...
https://www.jbleitch.co.uk/news-insights/case-law-comment/injunction-for-breach-of-lease-whether-there-was-a-serious-issue-to-be-tried-where-a-tenant-had-breached-the-terms-of-its-lease-unique-pub-properties-ltd-v-roddy-others-2019/
When a new point is raised during appeal which has not been addressed previously in the court below, should the new point be admitted and considered by the appeal court?...
https://www.jbleitch.co.uk/news-insights/case-law-comment/civil-procedure-rules-the-admission-of-new-points-raised-on-appeal-notting-hill-finance-limited-v-sheikh-2019/
The Court considered the importance of accurate calculation of time periods, accurate drafting of witness statements and complete and open correspondence with the Court and all parties. The background In Evans...
https://www.jbleitch.co.uk/news-insights/case-law-comment/civil-procedure-rules-the-courts-approach-to-inaccurate-time-periods-drafting-and-correspondence-evans-v-pinsent-masons-llp-2019/
Can a claim for adverse possession succeed if the squatter never takes up possession or occupation? The background In King and another v The Incumbent of the Benefice of Newburn in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/adverse-possession-can-a-claim-for-adverse-possession-succeed-if-the-squatter-never-takes-up-possession-or-occupation/
Adverse possession: Whether paving was sufficient to support a claim for adverse possession. The background In Thorpe v Frank [2019], Mrs Thorpe made a claim for adverse possession of an area...
https://www.jbleitch.co.uk/news-insights/case-law-comment/paving-the-way-to-possession/
Whether the court considered the replacement of cladding inevitable in a defects claim. The background In Wharfside Regeneration (Ipswich) v Laing O’Rourke Construction South Ltd and others [2018], Laing O’Rourke (“Laing”)...
https://www.jbleitch.co.uk/news-insights/case-law-comment/replacement-of-cladding/
Whether mandatory statutory provisions can be classed as ‘unfair contract terms’. The background Jones and another v Roundlistic Ltd [2018] concerned the lease of a property let for use as a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/contractual-terms-are-the-utccr-1999-capable-of-re-writing-other-legislation/
The JB Leitch litigation team were recently successful in a First-tier Tribunal matter challenging the validity of an application for the right to manage (RTM) under section 84(3) of the...
https://www.jbleitch.co.uk/news-insights/case-studies/a-qualified-success-successfully-challenging-the-validity-of-an-application-for-the-right-to-manage-at-the-first-tier-tribunal/
The litigation team recently 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 dispensation from...
https://www.jbleitch.co.uk/news-insights/case-studies/validity-of-dispensation-where-safety-is-critical-dispensation-granted-without-prejudice-despite-s-20-consultation-error/
JB Leitch acted for the Right to Manage (RTM) Company of a property, (comprised of two residential apartment blocks of seventeen storeys with 182 individual apartments), with our team securing...
https://www.jbleitch.co.uk/news-insights/case-studies/a-matter-of-no-appeal-dispensation-from-section-20-consultation-requirements-and-the-variation-of-multiple-leases/
On behalf of our landlord client, J B Leitch successfully applied to the First-tier Tribunal (FTT) for determination of reasonableness of service charges demanded from tenants in respect of structural...
https://www.jbleitch.co.uk/news-insights/case-studies/a-reasonable-remedy-determination-of-reasonableness-of-service-charges-for-structural-repairs/
Where a landlord proposes to undertake urgent fire safety works at a residential block, can it obtain dispensation from the statutory consultation requirements under section 20 Landlord and Tenant Act...
https://www.jbleitch.co.uk/news-insights/case-studies/building-safety-a-matter-of-urgency-service-charge-dispensation-from-statutory-consultation-where-urgent-works-are-required/
Where a tenant made alterations to a property without consent, this recent County Court decision determines the penalties to be imposed. JB Leitch successfully represented the management company in this...
https://www.jbleitch.co.uk/news-insights/case-studies/the-importance-of-consent-remains-unaltered-alterations-to-property-court-orders-reinstatement-of-property-following-unauthorised-alterations-made-by-tenant/
A management company proposed to carry out urgent fire safety works to three properties forming part of a development and made an application to the First-tier Tribunal for dispensation from...
https://www.jbleitch.co.uk/news-insights/case-studies/critical-communication-service-charge-dispensation-from-statutory-consultation-procedure-to-undertake-fire-safety-works/
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-studies/a-notable-event-service-charge-first-tier-tribunal-refusal-of-an-application-by-the-ultimate-freeholder-for-amendment-to-service-charge-apportionment/
The Court of Appeal sets down its test for determination of a possession order where the claim is disputed ‘on grounds which appear to be substantial’. The background In Global 100...
https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-claims-court-of-appeal-test-for-determination-of-possession-claims-which-are-disputed-on-substantial-grounds-global-100-ltd-v-maria-laleva-2021/
Where a landlord wished to forfeit a lease as a result of arrears of rent, the High Court considered whether the agreement between the parties constituted a lease or a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-occupation-constituted-a-lease-to-allow-application-for-forfeiture-to-succeed-bhat-and-another-v-patel-and-another-2021/
Whether a landlord could demonstrate firm intention to redevelop property. The background In Santander UK plc v LPC Estates Ltd [2018], the applicant requested the grant of a new lease from...
https://www.jbleitch.co.uk/news-insights/case-law-comment/refusing-a-lease-renewal-in-favour-of-a-building-lease/
Circumstances when a property owner may obtain an injunction in advance against parties unknown. The background In Vastint Leeds BV v Persons Unknown [2018], the landowner’s property, which was reserved for...
https://www.jbleitch.co.uk/news-insights/case-law-comment/quia-timet-injunctions-and-the-unknown/
Whether sums demanded on account of service charge were reasonable. The background In Wigmore Homes (UK) Ltd v Spembly Works Residents Association Ltd [2018], the property consisted of a converted factory...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-on-account-without-certification/
Whether a tenant was liable for an unexpected increase in index-linked rent. The background Trillium (Prime) Property GP Ltd v Elmfield Road Ltd [2018] concerned a commercial reversionary lease of office...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review/
Whether relief requires an occupier to enjoy proprietary or possessory rights. The background In Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd [2018], the respondent Vauxhall enjoyed rights granted in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-against-forfeiture/
Highlighting the importance of accuracy in notices served under a lease. The background In Ropemaker Properties Ltd and another v Bella Italia Restaurants Ltd [2018], the claimant landlord entered into an...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-and-validity-of-notices/
Whether a right of way is held to be abandoned by erection of a fence. The background In Annetts v Adeleye [2018], a right of way to a strip of land...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rights-of-way-over-access-to-land/
Whether special rules apply to litigants in person who fail to comply with the Civil Procedure Rules. The background In Barton v Wright Hassall LLP [2018], the unrepresented appellant sent a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-proceedings/
Whether a ‘registration gap’ invalidated service of a break notice. The background In Sackville UK Property Select II (GP) No. 1 Limited v Robertson Taylor Insurance Brokers Limited [2018], the residue...
https://www.jbleitch.co.uk/news-insights/case-law-comment/break-notices/
Circumstances where restrictive covenants in leases may be discharged or modified. The background In Re Holden [2018], an application was made to the Upper Tribunal to discharge restrictive covenants in a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/modification-of-restrictive-covenants/
Whether insurance costs of a whole building were recoverable by the landlord. The background In Atherton & Ors v M B Freeholds Ltd [2017], leaseholders were obliged by their leases to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/insurance-obligations-in-a-lease/
Whether an occupier had received sufficient notice of possession order. The background In Brooker & Wilson v St Paul [2017], the occupier owned 50% of the interest in the flat, with...
https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-orders-and-occupiers/
Breach of covenant during construction works. The background In Wild Duck Ltd v Smith [2017], the claimant had acquired 5 leases from the defendants, on which land holiday homes were to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/management-of-residential-blocks/
Statutory requirements and limitations on residential service charges. The background The appellant was the management company of a building within which were four flats, of which the respondents were tenants....
https://www.jbleitch.co.uk/news-insights/case-law-comment/23-dollis-avenue-1998-v-vejdani-2016/
Liability of tenants to contribute towards maintenance of structures constructed by a further tenant. The background A tenant of a penthouse flat in a building occupied by several tenants, including...
https://www.jbleitch.co.uk/news-insights/case-law-comment/christopher-moran-holdings-ltd-v-laura-carrara-cagni-2016/
The Supreme Court considers the extent of a landlord’s implied repair covenant. The background A residential flat was let to the Appellant, Mr Kumarasamy, by a lease for a term...
https://www.jbleitch.co.uk/news-insights/case-law-comment/edwards-v-kumarasamy-2016/
High Court grants relief from forfeiture in favour of tenants who took 14 months to bring proceedings. The background The tenant occupied a property which was used for its MOT...
https://www.jbleitch.co.uk/news-insights/case-law-comment/pineport-v-grangeglen-2016/
Balkhi v Southern Land Securities Limited [2016]. The background The upper residential floors of the subject property formed the demise under a head lease between freeholder and head landlord, and...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tenant-contributions-to-a-freeholders-sinking-fund/
Liability is a serious concern. What exposure does a landlord face when an RTM company has not carried out risk and safety assessments at a property? We know from speaking...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rtm-risk-and-safety-assessment-responsibilities/
Upper Tribunal decision centres on wording A right to manage application was made by an RTM company, concerning a property described in the claim form as: ‘Platinum House, Lyon Road,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/miltonland-v-platinum-house-harrow-rtm-co-2015/
