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Found 40 results.

Service Charges for NHS Properties: Whether service charges are payable by GPs to NHS landlords (Valley View v NHS Property Services Ltd – 2022)

Following a statutory transfer scheme which vested 3,700 Primary Care Trust properties, many occupied by GP practices, in NHS Property Services Ltd, were those GP practices liable for payment of...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-for-nhs-properties-whether-service-charges-are-payable-by-gps-to-nhs-landlords-valley-view-v-nhs-property-services-ltd-2022/

Service of Notice to Quit: Whether a notice was valid where the recipient was incorrect but had knowledge of the correct tenant (Turner and others v Thomas and another – 2022)

Where a notice to quit agricultural premises was served on the wrong party, was the notice still valid where the recipient could have reasonably understood the purpose of the notice...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-notice-to-quit-whether-a-notice-was-valid-where-the-recipient-was-incorrect-but-had-knowledge-of-the-correct-tenant-turner-and-others-v-thomas-and-another-2022/

Court of Appeal Update: Whether a freeholder could charge fees for service of s.166 notice that ground rent is due (Stampfer v Avon Ground Rents Ltd – 2022)

In our previous report, the Upper Tribunal considered an appeal as to whether a freeholder was entitled to charge a £30 fee for service of a s.166 notice to leaseholders...

https://www.jbleitch.co.uk/news-insights/case-law-comment/court-of-appeal-update-whether-a-freeholder-could-charge-fees-for-service-of-s-166-notice-that-ground-rent-is-due-stampfer-v-avon-ground-rents-ltd-2022/

Civil Procedure Rules: Whether an email address constitutes a valid address for service (Axnoller Events Ltd v Brake and another; Brake and others v Chedington Court Estate Ltd-2022)

This recent decision expands on our earlier case report in Axnoller Events v Brake [2021] whereby the High Court ruled on an application in respect of payment of costs where...

https://www.jbleitch.co.uk/news-insights/case-law-comment/civil-procedure-rules-whether-an-email-address-constitutes-a-valid-address-for-service/

Assessment of Costs: Whether indemnity costs should be awarded in an application to strike out evidence (Curtiss and others v Zurich Insurance plc – 2022)

Where an application made to strike out witness evidence is found to be disproportionate, should costs assessed on an indemnity basis be awarded? The background In Curtiss and others v...

https://www.jbleitch.co.uk/news-insights/case-law-comment/assessment-of-costs-whether-indemnity-costs-should-be-awarded-in-an-application-to-strike-out-evidence-curtiss-and-others-v-zurich-insurance-plc-2022/

Abbie McIntyre

Abbie assists with a broad range of commercial and residential property litigation matters. Her experience spans commercial forfeiture, debt recovery, breaches of covenant, enforcement actions, and service charge disputes, primarily...

https://www.jbleitch.co.uk/about-us/our-team/abbie-mcintyre/

Tricia

As a member of the Credit Control Team, Tricia is responsible for the collection of outstanding invoices. Having worked in debt collection since 2000, Tricia has lots of experience in...

https://www.jbleitch.co.uk/about-us/our-team/tricia/

Ground Rent, Assured Tenancies & s.8 of the Housing Act (1988)

In recent weeks the introduction of the Leasehold Reform (Ground Rent) Act has brought to the fore the subject of ground rents and the implications for landlords under the new...

https://www.jbleitch.co.uk/news-insights/blogs/ground-rent-assured-tenancies-s-8-of-the-housing-act-1988/

Environmental Law: Whether a claim in trespass or nuisance could be made in respect of unauthorised discharges (Manchester Ship Canal Company Ltd v United Utilities Water Ltd – 2022)

Where discharges were made into a waterway which were unauthorised by the canal operator or by statute, did a private law claim exist in trespass or nuisance? The background In...

https://www.jbleitch.co.uk/news-insights/case-law-comment/environmental-law-whether-a-claim-in-trespass-or-nuisance-could-be-made-in-respect-of-unauthorised-discharges-manchester-ship-canal-company-ltd-v-united-utilities-water-ltd-2022/

Property Development: Interpretation of management company obligations in transfers of freehold properties (Mostyn House Estate Management Co Ltd v Youde – 2022)

Where a property is redeveloped and let to leaseholders on leases, were the terms of the leases admissible as evidence in proceedings concerning the interpretation of freehold transfers? The background...

https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-interpretation-of-management-company-obligations-in-transfers-of-freehold-properties-mostyn-house-estate-management-co-ltd-v-youde-2022/

Rent Repayment Order: Assessing the rent to be repaid to tenants by the landlord of an unlicensed HMO (Simpson House 3 Ltd v Osserman and others – 2022)

Where tenants occupied an unlicensed HMO property, which was in a state of disrepair, and having raised complaints about the conduct of the landlord, how should rent repayment be calculated?...

https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-repayment-order-assessing-the-rent-to-be-repaid-to-tenants-by-the-landlord-of-an-unlicensed-hmo-simpson-house-3-ltd-v-osserman-and-others-2022/

Breach of Covenant: Whether damages awarded for breach of covenant to repair are subject to a 10% uplift (Khan v Mehmood – 2022)

When assessing damages in respect of breach of a repairing covenant, should the 10% uplift set out in Simmons v Castle be applied by the court? The background In Khan...

https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-damages-awarded-for-breach-of-covenant-to-repair-are-subject-to-a-10-uplift-khan-v-mehmood-2022/

Service Charges: Whether costs incurred in objecting to a planning application were recoverable through service charge (Dell v 89 Holland Park Management Ltd -2022)

Where the freeholder of a block of leasehold apartments objects to a planning application made in respect of a neighbouring property, can the costs incurred in making the objection be...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-costs-incurred-in-objecting-to-a-planning-application-were-recoverable-through-service-charge-dell-v-89-holland-park-management-ltd-2022/

Service Charges: Whether insurance rent was payable where insurance charge demands were not valid (Assethold Ltd v Hoye and another – 2022)

Where demands for insurance rent are found to not comply with lease provisions, are leaseholders liable to cover the costs of the premium through insurance rent? The background In Assethold...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-insurance-rent-was-payable-where-insurance-charge-demands-were-not-valid-assethold-ltd-v-hoye-and-another-2022/

Emma Elder

Emma is a paralegal who works in our Technical and Complex Team dealing with a broad range of complex matters involving litigation through the Courts and Tribunals. Emma has been...

https://www.jbleitch.co.uk/about-us/our-team/emma-elder/

Cassian Chappill

Cassian is a Solicitor in the Technical & Complex team. Cassian assists with defended small claims matters, as well as defense matters involving claims brought against the firm’s clients. He...

https://www.jbleitch.co.uk/about-us/our-team/cassian-chappill/

Property Development: Assignment of collateral warranties and the effects on claims brought by warranty beneficiaries (Orchard Plaza Management Company Limited v Balfour Beatty Regional Construction Limited – 2022)

Whether a claim brought in the Technology and Construction Court should be struck out where remedial works undertaken were found to be too remote from the intended purpose of the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-assignment-of-collateral-warranties-and-the-effects-on-claims-brought-by-warranty-beneficiaries-orchard-plaza-management-company-limited-v-balfour-beatty-regional-construction-l/

Double Award Success for JB Leitch Solicitors

This week JB Leitch is celebrating winning two awards in the Property Management 50 2022 accolades which recognise the excellence and contribution of leading individuals in raising standards in the...

https://www.jbleitch.co.uk/news-insights/firm-news/double-award-success-for-jb-leitch-solicitors/

Service Charge Recovery & Building Safety

Service charge recovery under the new building safety regime The introduction of the Building Safety Act presents a new framework and parameters for costs that relate to remediation which directly...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/service-charge-recovery-building-safety/

Enforcement & Improvement Notices

Expert Advice on Responding to Notices With a strong track record in fire and building safety matters, we are well versed in providing support and advice to landlords and management...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/enforcement-improvement-notices/

Defective Premises

Advice on Limiting Liability and Mitigating the Risk of Claims Under Amended Legislation Assent of the Building Safety Act (2022) introduces amendments to the Defective Premises Act (DPA), and specifically...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/defective-premises/

The Building Safety Fund & Applications

Expert Advice in Developing Successful Applications Introduced in in March 2020 to fund the remediation of cladding on high-rise residential buildings (buildings over 18 metres), the Building Safety Fund (BSF)...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/the-building-safety-fund-applications/

Contracts, Warranties & Insurance

Advising on Appropriate Cover With the BSA now being in force, landlords and building owners may need to consider alternative funding sources and the extent of third party liability prior...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/contracts-warranties-insurance/

Section 27a & Cost Recovery

Expert Advice to Ensure Reasonable Recovery Section 27A of the Landlord and Tenant Act (1985) allows both landlords and leaseholders to apply to the Tribunal for a determination as to whether...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/section-27a-cost-recovery/

Accountable Persons

Expert Advice on Understanding Your Role & Responsibilities The Building Safety Act 2022 (“BSA 2022”) and various secondary legislation has brought with it various new obligations for certain parties with...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/accountable-persons/

Consultation & Engagement

Supporting Information, Engagement and Accountability The Building Safety Act introduces new obligations for Accountable Persons who must give up-to-date information to the Building Safety Regulator, residents or other prescribed persons...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/consultation-engagement/

Business Tenancies: Tenants appeal High Court decisions that rent is payable in full despite business closure during pandemic (Bank of New York Mellon (International) Ltd v Cine UK Ltd and London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others – 2022)

In previous High Court decisions where tenants were seeking declarations that rent was not payable to landlords due to enforced closure during the pandemic, the courts found in favour of...

https://www.jbleitch.co.uk/news-insights/case-law-comment/business-tenancies-tenants-appeal-high-court-decisions-that-rent-is-payable-in-full-despite-business-closure-during-pandemic-bank-of-new-york-mellon-international-ltd-v-cine-uk-ltd-and-london-troc/

Property Management: Whether the First-tier Tribunal was correct to appoint a manager following an application by leaseholders (Invergarry Court Ltd v Connolly and others – 2022)

The Upper Tribunal considered an appeal by the freeholder landlord of a block whereby the First-tier Tribunal had made an order to appoint a property manager pursuant to an application...

https://www.jbleitch.co.uk/news-insights/case-law-comment/property-management-whether-the-first-tier-tribunal-was-correct-to-appoint-a-manager-following-an-application-by-leaseholders-invergarry-court-ltd-v-connolly-and-others-2022/

Right to Manage: Whether a notice of claim to acquire right to manage was invalid (18 Langdale Road RTM Company Ltd v Assethold Ltd – 2022)

Where a section of a prescribed form of a notice of claim was omitted, was this error fatal to the claim to acquire the right to manage a property or...

https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-a-notice-of-claim-to-acquire-right-to-manage-was-invalid-18-langdale-road-rtm-company-ltd-v-assethold-ltd-2022/

Service Charges: Assessing recoverability of charges where certification is made over 18 months after costs incurred (Parmar v 127 Ladbroke Grove Ltd – 2022)

Where proper certification of service charges is made more than 18 months after the costs to which the charges relate were incurred, are service charges recoverable by the landlord? The...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-assessing-recoverability-of-charges-where-certification-is-made-over-18-months-after-costs-incurred-parmar-v-127-ladbroke-grove-ltd-2022/

Service Charges: Whether charges were recoverable where the FTT had acted beyond its jurisdiction (Triplerose Ltd v Bowles and others – 2022)

In an application where the First-tier Tribunal (FTT) was asked to determine the reasonableness and payability of service charges, did it act beyond its jurisdiction in finding that some sums...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-charges-were-recoverable-where-the-ftt-had-acted-beyond-its-jurisdiction-triplerose-ltd-v-bowles-and-others-2022/

Fraser Bangs

Fraser joined the firm in 2022 and works as a Trainee Solicitor in our Real Estate department. He is experienced in a wide range of property transactions including lease extensions,...

https://www.jbleitch.co.uk/about-us/our-team/fraser-bangs/

JB Leitch Recognised for Excellence in the New Legal 500 Listings for 2023

JB Leitch are pleased to report that we have retained Tier 3 status in the new Legal 500 rankings for property litigation for the third consecutive year. Acknowledged as the world’s...

https://www.jbleitch.co.uk/news-insights/firm-news/jb-leitch-recognised-for-excellence-in-the-new-legal-500-listings-for-2023/

Property Development: Whether restrictive covenants could be modified to permit residential building alterations (Naidu and another v Morton and others – 2022)

The Upper Tribunal considered an application by property owners to discharge or modify restrictive covenants which prevented them altering their property and using it for business purposes. The background In...

https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-whether-restrictive-covenants-could-be-modified-to-permit-residential-building-alterations-naidu-and-another-v-morton-and-others-2022/

Service Charge Consultation: JB Leitch succeeds in application for dispensation from section 20 consultation

JB Leitch has successfully applied to the First-tier Tribunal (FTT) on behalf of our landlord client for dispensation from the consultation requirements contained at section 20 of the Landlord and...

https://www.jbleitch.co.uk/news-insights/firm-news/service-charge-consultation-jb-leitch-succeeds-in-application-for-dispensation-from-section-20-consultation/

Building Safety: Recovery of Service Charges from “Other” Landlords

The Building Safety Act 2022 is legislation which, subject to supplementary statute and being tested in the courts, leaves many issues subject to further clarification. One thing that is clear...

https://www.jbleitch.co.uk/news-insights/blogs/building-safety-recovery-of-service-charges-from-other-landlords/

Lucy Mitchell

Lucy’s role is to set up case files for service charge and ground rent cases. Lucy researches and organises land registration documents to support client cases.

https://www.jbleitch.co.uk/about-us/our-team/lucy-mitchell/

Further Building Safety Success for JB Leitch

Success for JB Leitch at the First-tier Tribunal in a section 20ZA application in respect of cladding and fire protection works. JB Leitch’s dispute resolution and litigation team have further...

https://www.jbleitch.co.uk/news-insights/firm-news/further-building-safety-success-for-jb-leitch/

When is Service Charge Not Payable Due to the Building Safety Act 2022?

It is clear that the purposes of the Building Safety Act 2022 (“BSA”), and in particular Schedule 8, is to seek to limit the costs payable by leaseholders, and particularly...

https://www.jbleitch.co.uk/news-insights/blogs/when-is-service-charge-not-payable-due-to-the-building-safety-act-2022/

Property Development: Whether investor enjoyed priority over an insolvent developer in respect of rent received (Re Pinnacle Student Developments (Leeds) Ltd; Bevan and another (as joint liquidators of Pinnacle Student Developments (Leeds) Ltd) v Valeo USL Ltd and another – 2022)

Where a developer of student property becomes insolvent, can an investor claim an equitable right to rent received? The background Re Pinnacle Student Developments (Leeds) Ltd; Bevan and another (as...

https://www.jbleitch.co.uk/news-insights/blogs/property-development-whether-investor-enjoyed-priority-over-an-insolvent-developer-in-respect-of-rent-received-re-pinnacle-student-developments-leeds-ltd-bevan-and-another-as-joint-liquidators-o/

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