Rheanne is a CILEX-qualified Paralegal in the Real Estate Team, specialising in drafting, transactions and lease review work. She is a dedicated member of the Real Estate Team, bringing four...
Can the landlord’s costs of enforcement proceedings be recovered as a contractual administration charge? The background The Respondent tenant occupied the basement flat in a building owned by the Appellant...
In this recent article, we consider recent debate on the increasing use of new technology in property management and law, and discusses the benefits that adapting to new tools and...
In this blog, Associate Katie Edwards and Legal Director Phil Parkinson consider recent case law and the need for clarity and accuracy in insurance certification, notably where there is potentially...
Readers may recall that in September 2020, we reported on a case in which JB Leitch acted for the Right to Manage (RTM) Company of a property, (comprised of two...
HMLR’s new restriction registration service Property fraud is estimated to cost the economy up to £70bn annually. HM Land Registry’s own data shows that since 2009 they have prevented frauds...
When is a landlord in breach of covenant of quiet enjoyment and non-derogation from grant? Lauren Walker of JB Leitch’s litigation team considers the question of preserving quiet enjoyment and...
JB Leitch is pleased to announce that it has achieved ISO 27001 certification for Information Security Management. Developed by the International Organization for Standardization, ISO 27001 is a globally recognized...
JB Leitch Real Estate Introduce Remote ID Verification for Businesses… Further to the successful introduction of online identity verification for individuals making property transfers, JB Leitch Real Estate has now...
Whether a tenant can object to calculation of service charges after making payment The background The respondent tenant held a lease of a flat in London contained within a purpose-built...
In a case concerning a passageway excluded from the registered title of a property, was the continued use of the passageway consistent with a right of way, and could such...
Are counterclaims affected by rules of limitation? The background Hassan Khan, a firm of solicitors, brought action against the Appellant to recover its fees in August 2013. The Appellant brought...
Whether ‘parting with possession’ depends on the completion of registration of an assignment The background In Reiner and another v Triplark Ltd [2018], Mrs Reiner held a long lease of...
Where a tenant made alterations to a property without consent, this recent County Court decision determines the penalties to be imposed. J B Leitch successfully represented the management company in...
In this appeal by way of case stated – an appeal to the High Court directly from the Magistrates’ Court concerning matters of law and the exercise of the magistrates’...
Where a landlord fails to consult with tenants regarding certain works, can the landlord succeed in an application for dispensation from statutory consultation requirements in relation to those works? The...
The Supreme Court considers a Court of Appeal decision in an important case concerning interpretation of contracts, concluding that the court should consider reasonableness according to the relevant facts at...
Whether a stay on execution applies to an order when under appeal The background In Longe v Bury Hill Estate Management Limited [2018], the respondents managed a building within which...
Critical decision on lease interpretation Background The case concerned a South Wales holiday park consisting of 91 chalets. Each chalet is let on a 99-year lease, with a start date...
Whether a landlord’s refusal of consent to assignment was valid The background In No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018], a leaseholder submitted a...
Retrospective calculation of service charge The background The appellant tenants held a lease of a flat, one of 33 on an estate where units varied in floor area. The tenants,...
The Court of Appeal overturns the Upper Tribunal decision in the long running Williams & Others v Aviva Ground Rents case. This week has a seen a notable determination handed...
Whether a tenant can argue against administration charges on reasonableness grounds The background The respondent occupied a property owned by the appellant, and carried out some bathroom and plumbing works....
The recent Advice Note on Balconies on Residential Building produced by the Ministry of Housing, Communities and Local Government (“MHCLG”) sets out the suggested action to be taken by responsible...
Insurance premium charges must be reasonable The background In COS Services Limited v Nicholson [2017], the landlord recharged insurance premiums to tenants for the years 2014, 2015 and 2016. Under...
Where a landlord replaced an original zinc roof with a glass-reinforced plastic roof, was it in breach of its lease covenants by not replacing like-for-like? The background In Lambeth London...
The County Court considered whether a request for an order for disgorgement damages could succeed in a claim where a residential property had been sublet and sub-sub-let without landlord’s consent....
Where a landlord wishes to forfeit a lease on grounds of breach of covenant, what evidence is sufficient in order to determine the nature and extent of the breach? The...
Where a landlord undertakes significant repair and redevelopment of a block, can it be held responsible for a tenant’s loss of profits and breach of quiet enjoyment where the interior...
Where a landlord has made demands relating to future planned expenditure and costs incurred in remedying the tenant’s breaches of covenant, the Upper Tribunal considers the tenant’s liability for such...
In this long-running case, the Supreme Court considered the question of whether a claimant could claim for damages based on a hypothetical loss of fees, also known as ‘Wrotham Park’...
Where a tenant breaches the terms of its lease, and the landlord is aware of the breach, does the landlord waive its right to forfeit the lease if it continues...
Where a tenant replaced external doors to flats, the court was asked to consider whether it had breached covenants requiring the tenant not to remove any ‘landlord’s fixtures’ or whether...
Where a tenant replaces the entrance doors to flats in a building, is he in breach of covenant for making alterations to fixtures without landlord’s consent? The background In Fivaz...
Additional remedies for landlords where properties are used illegally for short term lettings The background Nice Place Property Management Limited v Jeff Walter Paterson [2018] is a case from the...
Reasonableness of a decision which concluded that dogs were not permitted in a residential block The background In Victory Place Management Company Ltd v Kuehn [2018], the leaseholders occupied an...
The Court assesses whether a break notice was valid, and whether any term could be implied to require a break notice to be served within a ‘reasonable time’. The background...
Whether costs of threatened proceedings could be recovered under service charge The background The Appellant management company was engaged in a service charge dispute with the Respondent tenants. The Appellant...
Whether Brexit will frustrate a lease granted to a European agency The background Canary Wharf (BP4) T1 Ltd and ors v European Medicines Agency [2019] concerned a 25-year lease of...
Whether accountant’s certification of service charge was a condition precedent to tenants’ payment The background The central issue to this case arose as part of a service charge dispute between...
Rheanne is a CILEX-qualified Paralegal in the Real Estate Team, specialising in drafting, transactions and lease review work. She is a dedicated member of the Real Estate Team, bringing four...
Can the landlord’s costs of enforcement proceedings be recovered as a contractual administration charge? The background The Respondent tenant occupied the basement flat in a building owned by the Appellant...
In this recent article, we consider recent debate on the increasing use of new technology in property management and law, and discusses the benefits that adapting to new tools and...
In this blog, Associate Katie Edwards and Legal Director Phil Parkinson consider recent case law and the need for clarity and accuracy in insurance certification, notably where there is potentially...
Readers may recall that in September 2020, we reported on a case in which JB Leitch acted for the Right to Manage (RTM) Company of a property, (comprised of two...
HMLR’s new restriction registration service Property fraud is estimated to cost the economy up to £70bn annually. HM Land Registry’s own data shows that since 2009 they have prevented frauds...
When is a landlord in breach of covenant of quiet enjoyment and non-derogation from grant? Lauren Walker of JB Leitch’s litigation team considers the question of preserving quiet enjoyment and...
JB Leitch is pleased to announce that it has achieved ISO 27001 certification for Information Security Management. Developed by the International Organization for Standardization, ISO 27001 is a globally recognized...
JB Leitch Real Estate Introduce Remote ID Verification for Businesses… Further to the successful introduction of online identity verification for individuals making property transfers, JB Leitch Real Estate has now...
Whether a tenant can object to calculation of service charges after making payment The background The respondent tenant held a lease of a flat in London contained within a purpose-built...
In a case concerning a passageway excluded from the registered title of a property, was the continued use of the passageway consistent with a right of way, and could such...
Are counterclaims affected by rules of limitation? The background Hassan Khan, a firm of solicitors, brought action against the Appellant to recover its fees in August 2013. The Appellant brought...
Whether ‘parting with possession’ depends on the completion of registration of an assignment The background In Reiner and another v Triplark Ltd [2018], Mrs Reiner held a long lease of...
Where a tenant made alterations to a property without consent, this recent County Court decision determines the penalties to be imposed. J B Leitch successfully represented the management company in...
In this appeal by way of case stated – an appeal to the High Court directly from the Magistrates’ Court concerning matters of law and the exercise of the magistrates’...
Where a landlord fails to consult with tenants regarding certain works, can the landlord succeed in an application for dispensation from statutory consultation requirements in relation to those works? The...
The Supreme Court considers a Court of Appeal decision in an important case concerning interpretation of contracts, concluding that the court should consider reasonableness according to the relevant facts at...
Whether a stay on execution applies to an order when under appeal The background In Longe v Bury Hill Estate Management Limited [2018], the respondents managed a building within which...
Critical decision on lease interpretation Background The case concerned a South Wales holiday park consisting of 91 chalets. Each chalet is let on a 99-year lease, with a start date...
Whether a landlord’s refusal of consent to assignment was valid The background In No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018], a leaseholder submitted a...
Retrospective calculation of service charge The background The appellant tenants held a lease of a flat, one of 33 on an estate where units varied in floor area. The tenants,...
The Court of Appeal overturns the Upper Tribunal decision in the long running Williams & Others v Aviva Ground Rents case. This week has a seen a notable determination handed...
Whether a tenant can argue against administration charges on reasonableness grounds The background The respondent occupied a property owned by the appellant, and carried out some bathroom and plumbing works....
The recent Advice Note on Balconies on Residential Building produced by the Ministry of Housing, Communities and Local Government (“MHCLG”) sets out the suggested action to be taken by responsible...
Insurance premium charges must be reasonable The background In COS Services Limited v Nicholson [2017], the landlord recharged insurance premiums to tenants for the years 2014, 2015 and 2016. Under...
Where a landlord replaced an original zinc roof with a glass-reinforced plastic roof, was it in breach of its lease covenants by not replacing like-for-like? The background In Lambeth London...
The County Court considered whether a request for an order for disgorgement damages could succeed in a claim where a residential property had been sublet and sub-sub-let without landlord’s consent....
Where a landlord wishes to forfeit a lease on grounds of breach of covenant, what evidence is sufficient in order to determine the nature and extent of the breach? The...
Where a landlord undertakes significant repair and redevelopment of a block, can it be held responsible for a tenant’s loss of profits and breach of quiet enjoyment where the interior...
Where a landlord has made demands relating to future planned expenditure and costs incurred in remedying the tenant’s breaches of covenant, the Upper Tribunal considers the tenant’s liability for such...
In this long-running case, the Supreme Court considered the question of whether a claimant could claim for damages based on a hypothetical loss of fees, also known as ‘Wrotham Park’...
Where a tenant breaches the terms of its lease, and the landlord is aware of the breach, does the landlord waive its right to forfeit the lease if it continues...
Where a tenant replaced external doors to flats, the court was asked to consider whether it had breached covenants requiring the tenant not to remove any ‘landlord’s fixtures’ or whether...
Where a tenant replaces the entrance doors to flats in a building, is he in breach of covenant for making alterations to fixtures without landlord’s consent? The background In Fivaz...
Additional remedies for landlords where properties are used illegally for short term lettings The background Nice Place Property Management Limited v Jeff Walter Paterson [2018] is a case from the...
Reasonableness of a decision which concluded that dogs were not permitted in a residential block The background In Victory Place Management Company Ltd v Kuehn [2018], the leaseholders occupied an...
The Court assesses whether a break notice was valid, and whether any term could be implied to require a break notice to be served within a ‘reasonable time’. The background...
Whether costs of threatened proceedings could be recovered under service charge The background The Appellant management company was engaged in a service charge dispute with the Respondent tenants. The Appellant...
Whether Brexit will frustrate a lease granted to a European agency The background Canary Wharf (BP4) T1 Ltd and ors v European Medicines Agency [2019] concerned a 25-year lease of...
Whether accountant’s certification of service charge was a condition precedent to tenants’ payment The background The central issue to this case arose as part of a service charge dispute between...
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