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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/

JB Leitch successfully represents landlord in application for dispensation from s.20 consultation requirements

JB Leitch acted for our landlord client in a successful application for dispensation from the consultation requirements of s.20ZA Landlord and Tenant Act 1985, made in respect of works to...

https://www.jbleitch.co.uk/news-insights/firm-news/jb-leitch-successfully-represents-landlord-in-application-for-dispensation-from-s-20-consultation-requirements/

Surrender of Joint Tenancy: The test utilised when considering a claim for surrender of a joint tenancy by operation of law (City of Westminster Council v Kazam – 2023)

The High Court assesses whether a joint tenancy had been surrendered by tenants in circumstances where one party had left the property but had not agreed to any surrender, nor...

https://www.jbleitch.co.uk/news-insights/case-law-comment/surrender-of-joint-tenancy-the-test-utilised-when-considering-a-claim-for-surrender-of-a-joint-tenancy-by-operation-of-law-city-of-westminster-council-v-kazam-2023/

Lease Interpretation: Whether the phrase ‘live/work’ should be interpreted as ‘to live and work’ (AHGR Ltd v Kane-Laverack and another – 2023)

Where a lease contains the phrase ‘live/work’, should this be interpreted as a lease ‘to live and work’ at the demised premises? The background AHGR Ltd v Kane-Laverack and another...

https://www.jbleitch.co.uk/news-insights/case-law-comment/lease-interpretation-whether-the-phrase-live-work-should-be-interpreted-as-to-live-and-work-ahgr-ltd-v-kane-laverack-and-another-2023/

Forfeiture: Whether an agreement to accept forfeiture prevented a tenant from later applying for relief (Chug v Dhaliwal – 2023)

Where a landlord and tenant reached an agreement to forfeit a lease, did such an agreement prevent the tenant from making a subsequent application for relief from forfeiture? The background...

https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-an-agreement-to-accept-forfeiture-prevented-a-tenant-from-later-applying-for-relief-chug-v-dhaliwal-2023/

Kieran Dickie

Kieran is a Litigation Executive in our pre-issue Forfeiture team. Kieran’s main roles include preparing and sending Section 146 Notices, preparing possession claims and correspondence with lessees and lenders in...

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

Persons of Interest (Part 1): “Accountable Persons”

Recent legislation, including the Building Safety Act 2022 (“BSA 2022”) and various secondary legislation, has brought with it various new obligations for certain parties with interests in higher-risk buildings. In...

https://www.jbleitch.co.uk/news-insights/blogs/persons-of-interest-part-1-accountable-persons/

Persons of Interest (Part 2): Identifying the Principle Accountable Person

In the second of our blog series looking at the key roles within the new building safety landscape, Paralegal Jodie Michael provides a useful overview of the Principle Accountable Person....

https://www.jbleitch.co.uk/news-insights/blogs/identifying-the-principle-accountable-person/

JB Leitch Successful in Notable Early Case Concerning the Retrospective Effect of the Building Safety Act 2022

JB Leitch have been successful in a notable preliminary decision concerning a single specific question which arises following the coming into force of various new provisions in the Building Safety...

https://www.jbleitch.co.uk/news-insights/firm-news/jb-leitch-successful-in-notable-early-case-concerning-the-retrospective-effect-of-the-building-safety-act-2022/

Right to Manage Case Success for JB Leitch

On behalf of our landlord client, JB Leitch has this week succeeded at trial in Fairhold Homes (No.14) Limited v Heritage Court RTM Company Ltd (County Court at Central London, Recorder...

https://www.jbleitch.co.uk/news-insights/firm-news/right-to-manage-case-success-for-jb-leitch/

Persons of Interest (Part 3): Identifying Responsible Persons

For the purpose of this blog, we will not be referring to the Responsible Person (“RP”) in the context of workplaces and will be focusing on RPs in relation to...

https://www.jbleitch.co.uk/news-insights/blogs/persons-of-interest-part-3-identifying-responsible-persons/

Right to Manage: Whether shared ownership flats were ‘qualifying tenants’ in an RTM claim (Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Co Ltd – 2023)

Could flats held under shared ownership leases, where owners had not staircased ownership to 100%, be classed as qualifying tenants for the purposes of a Right to Manage claim? The...

https://www.jbleitch.co.uk/news-insights/blogs/right-to-manage-whether-shared-ownership-flats-were-qualifying-tenants-in-an-rtm-claim-avon-ground-rents-ltd-v-canary-gateway-block-a-rtm-co-ltd-2023/

Persons of Interest (Part 4): Responsible Actors

In the fourth and final part of our latest blog series on “persons of interest” within the building safety regime, we look at the role and and responsibilities of Responsible...

https://www.jbleitch.co.uk/news-insights/blogs/responsible-actors/

Claim for Possession: Whether defendants should be permitted to amend defence and counterclaim in a possession claim (Healey v Fraine and others – 2023)

In a claim for possession, could the defendants be permitted to amend their defence and counterclaim which contained a number of deficiencies? The background In Healey v Fraine and others...

https://www.jbleitch.co.uk/news-insights/case-law-comment/claim-for-possession-whether-defendants-should-be-permitted-to-amend-defence-and-counterclaim-in-a-possession-claim-healey-v-fraine-and-others-2023/

Case Law & Comment

https://www.jbleitch.co.uk/case-law-comment/

Law of Contract: Whether a binding agreement for lease was made by Heads of Terms (Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd – 2023)

Where parties agree Heads of Terms for an agreement for lease, could the Heads of Terms be considered a binding agreement? The background In Pretoria Energy Company (Chittering) Ltd...

https://www.jbleitch.co.uk/news-insights/case-law-comment/law-of-contract-whether-a-binding-agreement-for-lease-was-made-by-heads-of-terms-pretoria-energy-company-chittering-ltd-v-blankney-estates-ltd-2023/

Periodic Business Tenancy: Court of Appeal considers appeal against grant of injunction in possession proceedings (Avondale Park Ltd v Miss Delaney’s Nursery School Ltd – 2023)

In a case where a landlord wished to take possession of nursery school premises, the Court of Appeal considers an application by the nursery for an injunction against forfeiture, the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/periodic-business-tenancy-court-of-appeal-considers-appeal-against-grant-of-injunction-in-possession-proceedings-avondale-park-ltd-v-miss-delaneys-nursery-school-ltd-2023/

Breach of Covenant: Whether an RTM Company could exercise a landlord’s right to apply to the First-tier Tribunal (Eastpoint Block A RTM Company Ltd v Otubaga – 2023)

The Court of Appeal considered an appeal in a breach of covenant case, specifically as to whether an RTM Company enjoyed the rights of a landlord to make an application...

https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-an-rtm-company-could-exercise-a-landlords-right-to-apply-to-the-first-tier-tribunal-eastpoint-block-a-rtm-company-ltd-v-otubaga-2023/

Josh Hansford

Josh joined our busy business development team in July 2023 and has already demonstrated a focused, willing and professional attitude in supporting colleagues in both system and document administration.

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

Oliver

Oliver’s role is to help reduce the workload of the finance team by completing recurring tasks, such as raising invoices, completing Pro-Formas, posting payouts, filling in and amending spreadsheets and...

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

Service Charge: Whether a new method of apportionment of service charge was “just and equitable” (Hawk Investment Properties Ltd v Diana and Christopher Eames and others – 2023)

Where the landlord’s surveyor put forward a new method of apportionment of service charge, which saw sizeable increases for the respondent leaseholders, was it just and equitable such that the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-a-new-method-of-apportionment-of-service-charge-was-just-and-equitable-hawk-investment-properties-ltd-v-diana-and-christopher-eames-and-others-2023/

Anna Talbot

Anna deals with various complex litigated matters including those related to building safety and costs incurred in respect of fire safety remedial works. Anna’s caseload various on a day-to-day basis...

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

Stephen Rimmer

Steve’s main duties include preparing and sending Section 146 Notices, preparing possession claims and correspondence with lessees and lenders in order to settle outstanding balances.

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

Building Safety Act 2022: First-tier Tribunal makes first Remediation Order under the BSA 2022 (Leaseholders at 2-4 Leigham Court Road v Kedai Limited – 2023)

S.123 of the Building Safety Act 2022 introduces Remediation Orders, for which applications may be made to the First-tier Tribunal in respect of “relevant defects” in a “relevant building”. The...

https://www.jbleitch.co.uk/news-insights/case-law-comment/building-safety-act-2022-first-tier-tribunal-makes-first-remediation-order-under-the-bsa-2022-leaseholders-at-2-4-leigham-court-road-v-kedai-limited-2023/

Electronic Communications Code: Costs to be paid by a telecoms company to site provider following variation of its tenancy (Cornerstone Telecommunications Infrastructure Ltd v Gateway Properties Ltd & another company (2023)

Where parties have agreed to vary the terms of the occupation of a site by a telecoms company, the Upper Tribunal considers whether costs are payable by the occupier to...

https://www.jbleitch.co.uk/news-insights/case-law-comment/electronic-communications-code-costs-to-be-paid-by-a-telecoms-company-to-site-provider-following-variation-of-its-tenancy-cornerstone-telecommunications-infrastructure-ltd-v-gateway-properties-ltd/

Service Charge: JB Leitch brings successful appeal in Upper Tribunal as to recovery of costs of proceedings through service charge

Instructed on behalf of our management company client, JB Leitch brought a successful appeal in the Upper Tribunal against a First-tier Tribunal order made under s.20C of the Landlord and...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-jb-leitch-brings-successful-appeal-in-upper-tribunal-as-to-recovery-of-costs-of-proceedings-through-service-charge/

Kai Aston-Ordish

Kai began his career as part of the Process team at JB Leitch, managing files according to the client’s specifications and the team’s standards, ensuring that they were ready for...

https://www.jbleitch.co.uk/about-us/our-team/kai-aston-ordish/

New Legal 500 Rankings: JB Leitch Hold a High Position

The latest rankings for the Legal 500 have been released and once again JB Leitch hold a high position amongst the region’s leading legal experts. Acknowledged as the world’s largest independent...

https://www.jbleitch.co.uk/news-insights/firm-news/new-legal-500-rankings-jb-leitch-hold-a-high-position/

Nina Sood

Nina deals with litigated service charge and forfeiture matters, along with First-tier Tribunal matters and actions such as injunctions, s.20 Landlord and Tenant Act 1985 consultation dispensation applications and service...

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

Building Safety: Determination as to Liability for Costs of a Waking Watch

Following the implementation of fire safety measures in a residential building, the Upper Tribunal considers whether the First-tier Tribunal was right to conclude that costs of such measures were not...

https://www.jbleitch.co.uk/news-insights/case-law-comment/building-safety-determination-as-to-liability-for-costs-of-a-waking-watch/

Property in Receivership: The obligations of a property’s receiver as a tenant under the lease (Alma Property Management Ltd v Crompton – 2023)

Where a receiver becomes the tenant under a lease of property, how do the receiver’s obligations under the lease operate and what are their liabilities? The background Alma Property Management...

https://www.jbleitch.co.uk/news-insights/case-law-comment/property-in-receivership-the-obligations-of-a-propertys-receiver-as-a-tenant-under-the-lease-alma-property-management-ltd-v-crompton-2023/

Building Safety: Whether the First-tier Tribunal Has Power to Compel a Landlord to Provide a Landlord’s Certificate (Will v G&O Properties – 2023)

Where a landlord has failed to produce a Landlord’s Certificate under the Building Safety Act 2022, can leaseholders apply to the First-tier Tribunal for an order compelling it to do...

https://www.jbleitch.co.uk/news-insights/case-law-comment/building-safety-whether-the-first-tier-tribunal-has-power-to-compel-a-landlord-to-provide-a-landlords-certificate-will-v-go-properties-2023/

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