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Amongst the multitude of legislative changes in the sector brought about by the Building Safety Act 2022 (“BSA”), are reforms to the law in respect of new build home warranties....

https://www.jbleitch.co.uk/news-insights/blogs/new-build-warranties/

Business Tenancies: Determination of relief awarded to tenant from protected rent debt (Stratford City Shopping Centre (No 2) Nominee A Ltd and Stratford City Shopping Centre (No 2) Nominee B Ltd v Newspoint (Stratford) Ltd – 2022

This final arbitration award applies s.15 of the Commercial Rent (Coronavirus) Act 2022, determining that relief was to be granted to a tenant from its payment of a protected rent...

https://www.jbleitch.co.uk/news-insights/case-law-comment/business-tenancies-determination-of-relief-awarded-to-tenant-from-protected-rent-debt-stratford-city-shopping-centre-no-2-nominee-a-ltd-and-stratford-city-shopping-centre-no-2-nominee-b-ltd-v-ne/

Service Charges: Whether a freeholder was responsible for repairs and whether costs were recoverable through service charge (Tann v Bhundia and another – 2022)

Where a freeholder did not use a roof structure of a property demised to leaseholders, could the freeholder be responsible for repairs to the structure and were costs of such...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-a-freeholder-was-responsible-for-repairs-and-whether-costs-were-recoverable-through-service-charge-tann-v-bhundia-and-another-2022/

Landlord’s Certificates under the Building Safety Act 2022

The purpose of the Building Safety Act 2022 (“BSA”) is to give protection to leaseholders on a sliding scale, particularly in circumstances where the landlord or an associate is responsible...

https://www.jbleitch.co.uk/news-insights/blogs/landlords-certificates-under-the-building-safety-act-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-2022-2/

Section 113 of the Building Safety Act & the “Provision of Building Safety Information”

The Building Safety Act 2022 (“BSA”) makes several changes to already existing legislation in England and Wales including the proposed insertion of two new sections to the Landlord and Tenant...

https://www.jbleitch.co.uk/news-insights/blogs/section-113-of-the-building-safety-act-the-provision-of-building-safety-information/

Well Done to Our Dashing Santas!

The JB Leitch Real Estate team took part in the Liverpool Santa Dash on the 4th December to raise money to support a small initiative that sends football kits and...

https://www.jbleitch.co.uk/news-insights/firm-news/well-done-to-our-dashing-santas/

Breach of Covenant: Whether a landlord’s notice requiring inspection of a property was reasonable (Dorrington Residential Ltd v 56 Clifton Gardens Ltd – 2022)

Where a notice was served by a landlord requiring access to a property for the purposes of inspection, was the notice defective for failing to contain sufficient information? Further, had...

https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-a-landlords-notice-requiring-inspection-of-a-property-was-reasonable-dorrington-residential-ltd-v-56-clifton-gardens-ltd-2022/

The Higher Risk Building Regime

The higher risk building (“HRB”) regime is a key component of the Building Safety Act 2022 (“BSA”). Found within parts 3 and 4 BSA, the regime introduces various reforms to...

https://www.jbleitch.co.uk/news-insights/blogs/the-higher-risk-building-regime/

Business Tenancies: Assessing viability of tenant’s business and whether a rent debt was payable (TPIF (Portfolio No 1) GP LLP (1) TPIF (Portfolio No1) Nominee Ltd (2) v Nuffield Health [2022])

This arbitration considered ss.15 and 16 of the Commercial Rent (Coronavirus) Act 2022, assessing the viability of the tenant’s business and its eligibility for grant of relief from payment of...

https://www.jbleitch.co.uk/news-insights/case-law-comment/business-tenancies-assessing-viability-of-tenants-business-and-whether-a-rent-debt-was-payable-tpif-portfolio-no-1-gp-llp-1-tpif-portfolio-no1-nominee-ltd-2-v-nuffield-health-2022/

Service Charges: Whether costs incurred in implementing fire safety measures were reasonable and recoverable

The Upper Tribunal considers an appeal by a landlord following a decision by the First-tier Tribunal which concluded that costs incurred by implementation of a waking watch were not reasonably...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-costs-incurred-in-implementing-fire-safety-measures-were-reasonable-and-recoverable/

Insolvent Companies and the Building Safety Act 2022

The purpose of the Building Safety Act 2022 (“BSA”) is to give protection to leaseholders and to hold those considered directly responsible for creating building safety defects to be held...

https://www.jbleitch.co.uk/news-insights/blogs/insolvent-companies-and-the-building-safety-act-2022/

Service Charge: JB Leitch secures win for landlord in application to determine service charges

JB Leitch represented the landlord in its successful defence to a First-tier Tribunal application made by leaseholders in respect of the costs incurred in repairing a retaining wall adjacent to...

https://www.jbleitch.co.uk/news-insights/firm-news/service-charge-jb-leitch-secures-win-for-landlord-in-application-to-determine-service-charges/

Forfeiture of Lease: Whether grant of relief from forfeiture could be made in a dispute relating to an option agreement

Where an option registered against the freehold of a property contained pre-conditions to allow a grant of relief from forfeiture to be made, had such conditions been satisfied and could...

https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-of-lease-whether-grant-of-relief-from-forfeiture-could-be-made-in-a-dispute-relating-to-an-option-agreement/

Service Charge: Contesting issues of fact in reasonableness of service charges application (Smith v Waterloo Warehouse RTM Co Ltd – 2023)

The Upper Tribunal considers an appeal of a First-tier Tribunal decision which found against a leaseholder in an application for determination of reasonableness of service charges, whereby a decision was...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-contesting-issues-of-fact-in-reasonableness-of-service-charges-application-smith-v-waterloo-warehouse-rtm-co-ltd-2023/

Service Charge Consultation: Successful application for dispensation from s.20 consultation requirements for JB Leitch

In this latest successful application by JB Leitch on behalf of our landlord client, the First-tier Tribunal has granted dispensation from the consultation requirements of s.20 Landlord and Tenant Act...

https://www.jbleitch.co.uk/news-insights/firm-news/service-charge-consultation-successful-application-for-dispensation-from-s-20-consultation-requirements-for-jb-leitch/

“Impressive” JB Leitch Real Estate Acknowledged by HM Land Registry

We’re delighted that the JB Leitch Real Estate team have been acknowledged by HM Land Registry this week for an “impressive record of submitting high-quality applications”. The note also recognises...

https://www.jbleitch.co.uk/news-insights/firm-news/impressive-jb-leitch-real-estate-acknowledged-by-hm-land-registry/

Proprietary Interests: Analysing Hush Brasseries & whether a call option constituted an equitable interest in land

Following the High Court’s decision in Hush Brasseries Ltd v RLUKREF Nominees (UK) One Ltd and another [2022], this report considers whether a call option constitutes a proprietary interest such...

https://www.jbleitch.co.uk/news-insights/case-law-comment/proprietary-interests-analysing-hush-brasseries-whether-a-call-option-constituted-an-equitable-interest-in-land/

Celebrating Apprenticeship Week 2023

We’re celebrating Apprenticeship Week 2023 and the pathways we provide for talented and hardworking learners across the firm. We’re also proud of the commitment, energy and enthusiasm our apprentices contribute....

https://www.jbleitch.co.uk/news-insights/firm-news/celebrating-apprenticeship-week-2023/

Supreme Court Judgment: Aviva v Williams

Many readers may be aware that this week saw the Supreme Court hand down judgment in the high-profile and long running Aviva V Williams case. The outcome represents a significant...

https://www.jbleitch.co.uk/news-insights/blogs/supreme-court-judgment-aviva-v-williams/

Determination of Service Charge: Whether lift repairs could be charged to assured tenants (Anchor Hanover Group v Cox – 2023)

Where repairs are made to an essential lift at a retirement living block of flats, could the repair costs be recovered from assured tenants by way of service charge? The...

https://www.jbleitch.co.uk/news-insights/case-law-comment/determination-of-service-charge-whether-lift-repairs-could-be-charged-to-assured-tenants-anchor-hanover-group-v-cox-2023/

Service Charge Certification: Supreme Court hands down far-reaching decision on conclusiveness of certification (Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retail Ltd – 2023)

The Supreme Court has recently handed down its decision in this key case which discusses whether certification of service charge – and by extension, certification in other property and commercial-related...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-certification-supreme-court-hands-down-far-reaching-decision-on-conclusiveness-of-certification-sara-hossein-asset-holdings-ltd-a-company-incorporated-in-the-british-virgin-islands/

Possession of property: Whether a claim for adverse possession succeeded where service charges were paid by another party (Malik and others v Malik – 2023)

In a family dispute over the ownership of a property, was a claim for adverse possession an abuse of process? Could the claim succeed where service charges had been paid...

https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-of-property-whether-a-claim-for-adverse-possession-succeeded-where-service-charges-were-paid-by-another-party-malik-and-others-v-malik-2023/

Maintaining a Reassuringly High Standard

JB Leitch receives recertification for ISO 27001 This week JB Leitch is pleased to announce that it has received recertification in the world class ISO 27001:2013 standard for Information Security...

https://www.jbleitch.co.uk/news-insights/firm-news/maintaining-a-reassuringly-high-standard/

Building Safety Act 2022: First-tier Tribunal makes first Remediation Contribution Order under the BSA 2022 (Batish and others v Inspired Sutton Ltd and others – 2023)

S.124 of the Building Safety Act 2022 introduces Remediation Contribution Orders, which may be made by the First-tier Tribunal to require a specified party to make payments to a specified...

https://www.jbleitch.co.uk/news-insights/case-law-comment/building-safety-act-2022-first-tier-tribunal-makes-first-remediation-contribution-order-under-the-bsa-2022-batish-and-others-v-inspired-sutton-ltd-and-others-2023/

Aisling McWilliams

Having begun as a Paralegal, Aisling is a Trainee Solicitor in the Technical & Complex team and deals with client retainers. Aisling’s varied duties also include assisting fee-earners on non-litigated...

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

A Key Decision for Landlords on Rent Repayment Orders (RROs)

Last week, the Supreme Court unanimously decided that RROs cannot be made against a superior landlord in Rakusen v Jepsen [2023] UKSC 9. Legal Director Phil Parkinson summarises the case...

https://www.jbleitch.co.uk/news-insights/blogs/a-key-decision-for-landlords-on-rent-repayment-orders-rros/

Break Notices: Whether a break notice served four years prior to the break date was valid (Vistra Trust Corp (UK) v CDS -2022)

Where a break notice was served by a tenant four years before the intended break date, was the notice valid and the lease terminated effectively? The background In Vistra Trust...

https://www.jbleitch.co.uk/news-insights/case-law-comment/break-notices-whether-a-break-notice-served-four-years-prior-to-the-break-date-was-valid-vistra-trust-corp-uk-v-cds-2022/

Nuisance: Supreme Court decision in claim for nuisance by flat owners against the Tate Modern

The Supreme Court has handed down its judgment in this long-running claim for nuisance by leasehold owners of flats opposite the Tate Modern in London in respect of the gallery’s...

https://www.jbleitch.co.uk/news-insights/case-law-comment/nuisance-supreme-court-decision-in-claim-for-nuisance-by-flat-owners-against-the-tate-modern/

Payment of Rent: Whether a s.13 notice served to increase rent under a periodic tenancy was valid (Mooney v Whiteland – 2023)

The Court of Appeal considers whether a notice served under s.13 of the Housing Act 1988 was valid where the stated date for the increase in rent differed from the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/payment-of-rent-whether-a-s-13-notice-served-to-increase-rent-under-a-periodic-tenancy-was-valid-mooney-v-whiteland-2023/

Remediation Orders and Remediation Contribution Orders

The best legal advice from the leading experts in building safety and Tribunal matters. The potential liability of landlords has increased significantly since the implementation of the Building Safety Act,...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/remediation-orders-and-remediation-contribution-orders/

Restrictive Covenants: Modification of restriction where objectors had concerns about future loss of amenity (Hodgson and another v Cook and others – 2023)

Where a landowner wishes to modify a restrictive covenant affecting their property for the purposes of running a business from home, could the application succeed where objections were raised regarding...

https://www.jbleitch.co.uk/news-insights/case-law-comment/restrictive-covenants-modification-of-restriction-where-objectors-had-concerns-about-future-loss-of-amenity-hodgson-and-another-v-cook-and-others-2023/

Laura Guinness

Laura is part of the Technical and Complex team dealing with defended litigated matters, including defending applications to set judgment aside on service costs claims. Laura also deals with retainer...

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

Esma Kilinc

Esma has worked within the property sector for 7 years with a wide range of knowledge in property related matters. Esma’s role sees her reviewing and actioning disputes that have...

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

Right to Manage Application: Whether an RTM claim was invalid where claim notice was not served on intermediate landlord (A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co. Ltd – 2023)

Where a Right to Manage claim notice was not served on an intermediate landlord at a development, was the RTM claim rendered invalid? The background A1 Properties (Sunderland) Ltd v...

https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-application-whether-an-rtm-claim-was-invalid-where-claim-notice-was-not-served-on-intermediate-landlord-a1-properties-sunderland-ltd-v-tudor-studios-rtm-co-ltd-2023/

Niki

Niki’s role as Credit Control Supervisor sees her analysing & reducing debt by collecting outstanding invoices. Niki liaises with clients & fee earners to help resolve any queries relating to...

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

Nuisance: Whether diminution in value caused by Japanese knotweed was recoverable as a claim in nuisance (Davies v Bridgend County Borough Council – 2023)

Where the value of a property continues to be adversely impacted by Japanese knotweed, even after the property has been treated, is the diminution in value recoverable as a claim...

https://www.jbleitch.co.uk/news-insights/case-law-comment/nuisance-whether-diminution-in-value-caused-by-japanese-knotweed-was-recoverable-as-a-claim-in-nuisance-davies-v-bridgend-county-borough-council-2023/

Right to Manage: Whether an RTM claim could be made in respect of properties capable of further sub-division (Assethold Ltd v Eveline Road RTM Co Ltd – 2023)

Where a self-contained property contains further, self-contained units, does the building nevertheless qualify as a single address and can an RTM claim succeed? The background In Assethold Ltd v Eveline...

https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-an-rtm-claim-could-be-made-in-respect-of-properties-capable-of-further-sub-division-assethold-ltd-v-eveline-road-rtm-co-ltd-2023/

Nuisance & Breach of Covenant: Whether a landlord’s breach resulted in a nuisance that diminished leaseholder’s property value (Dunward Properties v Isaac – 2023)

Where a landlord granted a lease which changed the use of adjacent premises to cause a nuisance to a residential leaseholder above, was the landlord liable for the diminution in...

https://www.jbleitch.co.uk/news-insights/case-law-comment/nuisance-breach-of-covenant-whether-a-landlords-breach-resulted-in-a-nuisance-that-diminished-leaseholders-property-value-dunward-properties-v-isaac-2023/

Public rights of use: Whether disposal of land subject to statutory trust extinguished rights enjoyed by the public

Where a local authority disposes of land subject to a statutory trust for public recreation to a developer, does such disposal extinguish the rights enjoyed by the public to enjoy...

https://www.jbleitch.co.uk/news-insights/case-law-comment/public-rights-of-use-whether-disposal-of-land-subject-to-statutory-trust-extinguished-rights-enjoyed-by-the-public/

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