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Found 40 results.

Building Safety: Whether a social housing provider was liable for costs of building safety works (St John Street Property Services Ltd v Riverside Group Ltd – 2023)

Where urgent building safety works were undertaken to a property, was a social housing provider liable to make a contribution towards the costs of works where it held two headleases?...

https://www.jbleitch.co.uk/news-insights/case-law-comment/building-safety-whether-a-social-housing-provider-was-liable-for-costs-of-building-safety-works-st-john-street-property-services-ltd-v-riverside-group-ltd-2023/

Insolvency: Whether a bankruptcy petition is valid where a landlord fails to notify tenant with address for service (Sunset Ltd v Al-Hindi – 2023)

The High Court considers the status of a bankruptcy petition in a case where a landlord failed to provide its tenant with a proper and valid address for service of...

https://www.jbleitch.co.uk/news-insights/case-law-comment/insolvency-whether-a-bankruptcy-petition-is-valid-where-a-landlord-fails-to-notify-tenant-with-address-for-service-sunset-ltd-v-al-hindi-2023/

Service Charge: JB Leitch successfully defends s.27A application made by leaseholders challenging increased insurance premium

JB Leitch has successfully defended an application made in the First-tier Tribunal by leaseholders for determination as to the reasonableness of service charges following an increase in the insurance premium...

https://www.jbleitch.co.uk/news-insights/firm-news/service-charge-jb-leitch-successfully-defends-s-27a-application-made-by-leaseholders-challenging-increased-insurance-premium/

Property Development: Whether a landlord should have offered qualifying tenants a right of first refusal when granting leases of roof space (S Franses Ltd and another v Block 6 Ashley Gardens Roof Gardens Ltd and others – 2023)

Where a landlord grants leases over the roof space in a building, did other leaseholders in the building enjoy a right of first refusal to acquire the leases themselves? The...

https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-whether-a-landlord-should-have-offered-qualifying-tenants-a-right-of-first-refusal-when-granting-leases-of-roof-space-s-franses-ltd-and-another-v-block-6-ashley-gardens-roof-gar/

Land Registration: Whether an assignee whose interest had not been registered was entitled to serve a break notice (Sackville UK Property Select II (GP) No. 1 Limited v Robertson Taylor Insurance Brokers Limited – 2023)

Where a party has received an assignment of a lease but registration of the assignment has yet to be completed, is the assignee entitled to serve a break notice? The...

https://www.jbleitch.co.uk/news-insights/case-law-comment/land-registration-whether-an-assignee-whose-interest-had-not-been-registered-was-entitled-to-serve-a-break-notice-sackville-uk-property-select-ii-gp-no-1-limited-v-robertson-taylor-insurance-brok/

Review of Relevant Circumstances for Grant of a Remediation Contribution Order (Triathlon Homes LLP v Stratford Village Development Partnership and others – 2024)

The First-tier Tribunal addressed how the ‘just and equitable’ test contained in the Building Safety Act 2022 should be applied when considering the grant of a Remediation Contribution Order, together...

https://www.jbleitch.co.uk/news-insights/case-law-comment/review-of-relevant-circumstances-for-grant-of-a-remediation-contribution-order-triathlon-homes-llp-v-stratford-village-development-partnership-and-others-2024/

Building Safety Act 2022: Assessing the Evidence Needed to Support an Application for a Remediation Order (Mistry v Wallace Estates – 2023)

As applications for Remediation Orders and Remediation Contribution Orders start to reach the tribunals, this decision assesses the evidence required to support a successful Remediation Order application. The background In...

https://www.jbleitch.co.uk/news-insights/case-law-comment/building-safety-act-2022-assessing-the-evidence-needed-to-support-an-application-for-a-remediation-order-mistry-v-wallace-estates-2023/

Consent for Alterations: Whether Consent Was Reasonably Withheld Where the Tenant Changed its Proposed Alterations (Messenex Property Investments Ltd v Lanark Square Ltd – 2024)

Where a tenant applied to the landlord for consent to alterations, was consent reasonably withheld in circumstances where the tenant changed the scope of its proposed alterations? The background In...

https://www.jbleitch.co.uk/news-insights/case-law-comment/consent-for-alterations-whether-consent-was-reasonably-withheld-where-the-tenant-changed-its-proposed-alterations-messenex-property-investments-ltd-v-lanark-square-ltd-2024/

Service Charge: Whether a Landlord Waived its Right to Forfeit a Lease Where Proceedings are Issued in Respect of Unpaid Service Charge (Clemente v Mindmere Limited – 2024)

Where a landlord issues proceedings seeking a money judgment in respect of unpaid service charges, does the landlord therefore waive its right to forfeit the lease? The background In Clemente...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-a-landlord-waived-its-right-to-forfeit-a-lease-where-proceedings-are-issued-in-respect-of-unpaid-service-charge-clemente-v-mindmere-limited-2024/

Lease Extension: Assessing Comparables, Adjustments and Value of 1993 Act Rights in Valuation of a Lease Extension (Daejan Investments Ltd v Nigel and another – 2024)

Where a tenant is to pay a sum to a landlord for an extended lease, this case assesses how the value should be determined, including consideration of comparables and adjustments,...

https://www.jbleitch.co.uk/news-insights/case-law-comment/lease-extension-assessing-comparables-adjustments-and-value-of-1993-act-rights-in-valuation-of-a-lease-extension-daejan-investments-ltd-v-nigel-and-another-2024/

Service Charge: Whether Service Charge was Payable in Respect of Roof Repairs (Crisplane Ltd v Plymouth Community Homes Ltd – 2024)

Where roof repairs have been excluded from service charge provisions, is the landlord obliged to repair the roof at a property and are its costs for doing so recoverable from...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-service-charge-was-payable-in-respect-of-roof-repairs-crisplane-ltd-v-plymouth-community-homes-ltd-2024/

Service Charge: Whether Leases Should Be Varied to Allow For a Change in the Computation of Service Charges (Tower Hamlets Community Housing Ltd v Leaseholders of Painter House – 2024)

The Upper Tribunal considers an appeal whereby a landlord seeks to vary residential leases to change the computation of service charge, such that leaseholders become liable for greater apportionments that...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-leases-should-be-varied-to-allow-for-a-change-in-the-computation-of-service-charges-tower-hamlets-community-housing-ltd-v-leaseholders-of-painter-house-2024/

Service Charge: Whether an Application for Determination Should Have Been Struck Out Where the Relevant Period Related to an Earlier Application (Connell and another v Beal Developments Ltd and others – 2024)

The Upper Tribunal considers an appeal of a First-tier Tribunal decision which struck out an application for determination of service charges on the grounds that it related to years already...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-an-application-for-determination-should-have-been-struck-out-where-the-relevant-period-related-to-an-earlier-application-connell-and-another-v-beal-developments-ltd-and-others/

Property Management: Whether a Manager Appointed by the FTT Can Be an “Accountable Person” Under the Building Safety Act 2022 (Unsdorfer v Octagon Overseas Limited and Others – 2024)

The Upper Tribunal considers an appeal against a First-tier Tribunal decision which found that the manager of a building appointed under a Management Order was not an accountable person for...

https://www.jbleitch.co.uk/news-insights/case-law-comment/property-management-whether-a-manager-appointed-by-the-ftt-can-be-an-accountable-person-under-the-building-safety-act-2022-unsdorfer-v-octagon-overseas-limited-and-others-2024/

Olivia Taylor

As Marketing Assistant at JB Leitch Solicitors, Liv supports the day-to-day delivery of the firm’s marketing and communications activity. Working closely with the Associate Director of Communications & Marketing and...

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

Sam Wilde

Sam’s role is to maintain an efficient line of communication with our clients, updating them on any changes and being a point of contact if they have any queries on...

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

Lottie Brien

Lottie works within the Client Administration team. Her role involves case administration, payment processing, lender and client communication, managing correspondence, processing Claims and obtaining invoices.

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

Elise Parr

Elise is a paralegal within the Technical and Complex Team at JB Leitch, specialising in property litigation with a focus on client communications, legal research and administrative support for complex...

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

The Leasehold and Freehold Reform Act 2024

As many will be aware, the announcement of the general election in July resulted in many parliamentary bills being included the legislative wash-up before parliamentary dissolution. Notably, The Leasehold and...

https://www.jbleitch.co.uk/news-insights/blogs/the-leasehold-and-freehold-reform-act-2024/

Court of Appeal to Review Whether Service by Post of Prescribed Information Invalidated S.21 Notice (D’Aubigny v Khan & Anor – 2023)

The Court of Appeal is currently considering an appeal which could carry significant impact for private landlords in respect of the service of notices and prescribed information. In this article,...

https://www.jbleitch.co.uk/news-insights/case-law-comment/court-of-appeal-to-review-whether-service-by-post-of-prescribed-information-invalidated-s-21-notice-daubigny-v-khan-anor-2023/

Property Management: Whether a Property Management Company Owed a Tenant a Duty of Care in Respect of Independent Contractors (Shamsan v 44-49 Lowndes Square Management Company Ltd – 2024)

Where a property management company engages an independent contractor to carry out services at a property, does the management company owe tenants a duty of care in respect of the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/property-management-whether-a-property-management-company-owed-a-tenant-a-duty-of-care-in-respect-of-independent-contractors-shamsan-v-44-49-lowndes-square-management-company-ltd-2024/

Service Charges: The Legal Implications of a Tenant Paying Service Charges Demanded (Poplar Housing and Regeneration Community Association Ltd v Khan – 2024)

In circumstances where a leaseholder makes payment for service charges demanded in respect of major works, is the leaseholder then able to challenge the reasonableness of those charges in the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-the-legal-implications-of-a-tenant-paying-service-charges-demanded-poplar-housing-and-regeneration-community-association-ltd-v-khan-2024/

An Important Building Safety Case Which Provides a New Process for Determining Service Charges Payable Under Leaseholder Protections

The Upper Tribunal recently provided a notable decision relating to leaseholder protections in Schedule 8 of the Building Safety Act 2022 (BSA 2022) in Lant Street Management Company v Lehner,...

https://www.jbleitch.co.uk/news-insights/blogs/an-important-building-safety-case-which-provides-a-new-process-for-determining-service-charges-payable-under-leaseholder-protections/

Adverse Possession: Whether a Failure to Speak Prevented a Defendant from Asserting Title to a Loft Space (Massouri v Omani Estates Ltd – 2024)

Where an occupier extended her property into loft space over which a lease has been granted in favour of another party, does that party’s failure to speak prevent them from...

https://www.jbleitch.co.uk/news-insights/case-law-comment/adverse-possession-whether-a-failure-to-speak-prevented-a-defendant-from-asserting-title-to-a-loft-space-massouri-v-omani-estates-ltd-2024/

Rational or Reasonable? A Recent Case Highlights Clarifies the Meaning of Contractual Reasonableness.

Introduction JB Leitch has recently acted in an Appeal case in the Upper Tribunal which, amongst its many considerations, raises a notable point on the definition of what is “reasonable”...

https://www.jbleitch.co.uk/news-insights/case-law-comment/rational-or-reasonable-a-recent-case-highlights-clarifies-the-meaning-of-contractual-reasonableness/

Building Safety: Grant of a Remediation Order Where a Landlord Has Been Proactive in Dealing with Fire Safety Issues (Di Bari and others v Avon Ground Rents Ltd – 2024)

Grant of a remediation order where a landlord has been proactive in dealing with fire safety issues The First-tier Tribunal considers whether a remediation order should be granted under the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/building-safety-grant-of-a-remediation-order-where-a-landlord-has-been-proactive-in-dealing-with-fire-safety-issues-di-bari-and-others-v-avon-ground-rents-ltd-2024/

Repairing Obligations: Whether a Landlord Was Entitled to Undertake Repairs Using a System Which Required Additional Apparatus (Triplark Ltd v Calvert and others – 2024)

Where a heating system maintained by individual leaseholders required repair, was the landlord entitled to action the repair using additional apparatus to the existing system? The background In Triplark Ltd...

https://www.jbleitch.co.uk/news-insights/case-law-comment/repairing-obligations-whether-a-landlord-was-entitled-to-undertake-repairs-using-a-system-which-required-additional-apparatus-triplark-ltd-v-calvert-and-others-2024/

Breach of Covenant: Whether Acceptance of Rent by an Agent Amounted to a Waiver of Breach of Lease (The Tropical Zoo Ltd v Hounslow LBC – 2024)

Where a leaseholder breaches a lease term, does the acceptance of rent by a managing agent amount to a waiver of that breach? The background In The Tropical Zoo Ltd...

https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-acceptance-of-rent-by-an-agent-amounted-to-a-waiver-of-breach-of-lease-the-tropical-zoo-ltd-v-hounslow-lbc-2024/

“Voidable…But Not Void’ A New Paradigm for Non-Compliance with Statutory Procedure? (A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co. Ltd – 2023)

In a significant decision, the Supreme Court has this week dismissed an appeal where failure to serve a claim notice on a landlord was found not to invalidate the transfer...

https://www.jbleitch.co.uk/news-insights/blogs/voidablebut-not-void-a-new-paradigm-for-non-compliance-with-statutory-procedure-a1-properties-sunderland-ltd-v-tudor-studios-rtm-co-ltd-2023/

Whether an Earlier Settlement Agreement Prevented a Landlord from Seeking Forfeiture (29 Buckland Crescent Management Company Ltd v White – 2024)

Where a leaseholder has breached the repair covenants in its lease, is the landlord prevented from seeking forfeiture as a remedy where an earlier settlement agreement is in place? The...

https://www.jbleitch.co.uk/news-insights/case-law-comment/whether-an-earlier-settlement-agreement-prevented-a-landlord-from-seeking-forfeiture-29-buckland-crescent-management-company-ltd-v-white-2024/

The JB Leitch Team’s Worthy Goals

This week our very own JB Leitch football team again participated in the Business Fives Liverpool football tournament against a wide range of local and regional firms, reaching the semi-finals....

https://www.jbleitch.co.uk/news-insights/firm-news/the-jb-leitch-teams-worthy-goals/

JB Leitch Success in Complex High Court Proceedings

JB Leitch secures vesting order, premium, arrears & costs for landlord & management company clients in complex High Court proceedings JB Leitch acted for our landlord and management company clients...

https://www.jbleitch.co.uk/news-insights/blogs/jb-leitch-success-in-complex-high-court-proceedings/

Service Charge: Whether a Landlord Had Conducted Adequate Statutory Consultation with Leaseholders (Ambercrown Ltd v Perrett and another – 2024)

Where a landlord proposed to undertake major works, did it conduct a consultation procedure sufficient to satisfy the requirements of s.20 of the Landlord and Tenant Act 1985? The background...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-a-landlord-had-conducted-adequate-statutory-consultation-with-leaseholders-ambercrown-ltd-v-perrett-and-another-2024/

Service Charge: Whether Costs of Works Commissioned by a Leaseholder Were Recoverable Through the Service Charge (Thirty One Crescent Grove Ltd v Atherden – 2024)

Where a leaseholder commissioned internal decoration works, were the costs of such works recoverable from other leaseholders through the service charge? The background In Thirty One Crescent Grove Ltd v...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-costs-of-works-commissioned-by-a-leaseholder-were-recoverable-through-the-service-charge-thirty-one-crescent-grove-ltd-v-atherden-2024/

Joseph Black

Joseph’s main roles 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/joseph-black/

Finn Wilder

Finn’s main duties involve the preparation of and issuing Part 8 claims. He also prepares and sends S.146 Notices whilst corresponding with clients, lessees and lenders.

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

Lainey Corlett

Elaine shares the company values of delivering excellent service, maintaining clear communication, and supporting a professional working environment. Through her experience and commitment, Elaine plays a key role in the...

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

Charlotte Crossley-Smith

Charlotte works within the technical and complex team, assisting with complex property litigation matters and service charge disputes. Her work focuses on matters within the First-tier Tribunal in respect of...

https://www.jbleitch.co.uk/about-us/our-team/charlotte-crossley-smith/

Amy Burdett

Amy deals with technical and complex matters involving legal action through the Courts and Tribunals. Amy works on areas involving injunctions, consultation dispensation applications, service charge reasonableness and applications to...

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

Aimee Ford

Aimee is part of the Technical and Complex team, supporting Fee Earners on a wide range of property litigation and service charge disputes. Her role covers cases before the First-tier...

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

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