Further to other recent successes in building safety matters, JB Leitch have this week seen a determination at the First-tier tribunal, under section 27(a) of the Landlord and Tenant Act...
The JB Leitch litigation team have further consolidated their reputation and expertise in building safety and tribunal matters, with two successful determinations for dispensation and the variation of multiple leases...
The effect of pandemic rent suspension provisions on commercial leases The background In WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbH [2021], the claimant tenant’s lease of retail...
In a further case arising out of the unique challenges posed by the Covid-19 pandemic, this decision considers the impact of the pandemic on the assessment and valuation of commercial...
Where a commercial tenant encountered water ingress into its unit as result of a blocked gutter, was the landlord in breach of its repair and insurance obligations and an implied...
Swiftly following the recent decision in WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbH, this case concerns a retail tenant whose unit was forced to close during the...
Where premises were required to close as a result of the COVID-19 pandemic’s lockdown restrictions, was the tenant still liable for payment of full rents? The High Court issues first...
Continuing the fallout of litigation sparked by retail and leisure closures during the coronavirus pandemic, this review considers 4 similar cases decided together by the High Court, all related to...
Whether legal costs can be recovered under service charge The background The respondent was the freeholder of a building within which the appellants held a long 99-year lease of a...
Lease terms implied as a result of parties’ conduct The background The respondent tenant, Kahar, occupied the subject property in a modern residential development under a weekly tenancy arrangement which...
Permission of the Court required to enforce suspended possession order The background The respondent occupied a property as a tenant of the appellant local authority. His behaviour at the property...
Whether the First-tier Tribunal can determine service charges paid by previous tenant The background In Gateway Holdings (NWB) Ltd v McKenzie and Greenfield [2018], the respondent tenants brought a claim...
Whether alterations to works specification invalidates statutory consultation The background In Reedbase Ltd and another v Fattal and others [2018], the leaseholders owned penthouse flats featuring tiled roof terraces. The...
Terms of lease overriding factor Chaplair brought County Court proceedings against its tenant Mrs Kumari in order to recover unpaid rent and service charges. As part of its case, Chaplair...
Phil Parkinson & Katie Edwards of JB Leitch Ltd acted for the successful landlord and full details of the case are reported below. Pemberstone Reversions (5) Limited v Various Leaseholders...
In serving notice of its intention to acquire the freehold interests at a property, was a nominee purchaser also entitled to acquire the rights to the property’s boiler room, air...
With our considerable experience, specialism and success in service charge recovery, we recognise that there has been limited provision or guidance for commercial service charges. The Royal Institute of Chartered...
Where a landlord objects to a tenant’s claim for a new tenancy on the grounds that it intends to carry out works to the property, how does the landlord prove...
Vesting leasehold interest in an occupier where the original lease was deemed to be void The background In Panton and others v Brophy and another [2019], the claimant rowing club...
When a lease is granted to an incorrect limited company, how should the court approach its interpretation of the lease when determining a claim for possession? The background In Seafood...
In further litigation arising out of the pandemic closure of retail units, this County Court decision provides some indication as to how the courts may address the question of whether...
The government and main political parties each recognise the need to provide the UK with world class digital connectivity – to increase our competitiveness, boost productivity and meet future demands...
We are all aware of the challenges that coronavirus has brought to the high street over the last year. With a combination of lockdown and forced closure arguably accelerating a...
In a faltering retail economy this highly relevant case looks at how a tenant’s proposed CVA can impact on a landlord’s claim for future rent and whether the CVA is...
During a dispute relating to disallowed costs under a joint venture agreement, the Court was asked to consider the meaning of ‘default’. The Court of Appeal’s decision and the facts...
How flexible can costs budgets of litigation be? The background Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] concerned costs which arose from a clinical negligence case. Complications...
Do landlords need to account for contributions towards works when billing tenants? The background In Oliver v Sheffield City Council [2017], a large scheme of works was undertaken at an...
Where the First-tier Tribunal makes a costs order in favour of more parties than just the tenant who applied for the order, is such an order enforceable? The background In...
Where a claimant failed to file and serve his statement of costs within the time frame stipulated by the Civil Procedure Rules, was any sanction applied by the court? The...
As you may be aware, the Supreme Court recently handed down its decision on the high profile and long running case of Duval (Respondent) v 11-13 Randolph Crescent Ltd (Appellant) [2020],...
Due to necessary precautions and current Government guidance as a result of COVID-19 (coronavirus) our offices are closed and all our staff are working remotely. We will do our best...
Further to our recent post on the impact and challenges commercial landlords face by entering into company voluntary arrangements (CVAs), Legal Director Phil Parkinson returns to the subject as an...
Introduced on 21st March 2017 by the Ministry of Justice, the new pre-action protocol for debt claims will come into force on 1st October 2017. This article sets out some...
An early decision relating to the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, this case addresses whether a breathing space or...
Whether the subsoil was included in the demise of a ground floor maisonette The background In Gorst & another v Knight [2018], the leaseholders held a long lease of a...
Where a company in England and Wales is restored to the Register of Companies, will a lease disclaimed by the Crown automatically revest in the company? The background In Re...
Whether a property which received water from a borehole on a neighbouring property enjoyed a right to connect into that borehole. The background Mullane v Davies and another [2020] concerned...
Are estimates of energy usage sufficient when calculating tenants’ proportion? The background The tenant owned long leases of 42 apartments in the subject property. The leases contained provisions relating to...
When the Court will imply a term that the landlord is responsible for electrical safety The background J N Hipwell & Son v Szurek [2018] concerned a commercial premises at...
Whether minor failures to follow statutory procedure invalidated an RTM claim The background The Appellant RTM company served a notice of claim pursuant to the statutory notice procedure set down...
Further to other recent successes in building safety matters, JB Leitch have this week seen a determination at the First-tier tribunal, under section 27(a) of the Landlord and Tenant Act...
The JB Leitch litigation team have further consolidated their reputation and expertise in building safety and tribunal matters, with two successful determinations for dispensation and the variation of multiple leases...
The effect of pandemic rent suspension provisions on commercial leases The background In WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbH [2021], the claimant tenant’s lease of retail...
In a further case arising out of the unique challenges posed by the Covid-19 pandemic, this decision considers the impact of the pandemic on the assessment and valuation of commercial...
Where a commercial tenant encountered water ingress into its unit as result of a blocked gutter, was the landlord in breach of its repair and insurance obligations and an implied...
Swiftly following the recent decision in WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbH, this case concerns a retail tenant whose unit was forced to close during the...
Where premises were required to close as a result of the COVID-19 pandemic’s lockdown restrictions, was the tenant still liable for payment of full rents? The High Court issues first...
Continuing the fallout of litigation sparked by retail and leisure closures during the coronavirus pandemic, this review considers 4 similar cases decided together by the High Court, all related to...
Whether legal costs can be recovered under service charge The background The respondent was the freeholder of a building within which the appellants held a long 99-year lease of a...
Lease terms implied as a result of parties’ conduct The background The respondent tenant, Kahar, occupied the subject property in a modern residential development under a weekly tenancy arrangement which...
Permission of the Court required to enforce suspended possession order The background The respondent occupied a property as a tenant of the appellant local authority. His behaviour at the property...
Whether the First-tier Tribunal can determine service charges paid by previous tenant The background In Gateway Holdings (NWB) Ltd v McKenzie and Greenfield [2018], the respondent tenants brought a claim...
Whether alterations to works specification invalidates statutory consultation The background In Reedbase Ltd and another v Fattal and others [2018], the leaseholders owned penthouse flats featuring tiled roof terraces. The...
Terms of lease overriding factor Chaplair brought County Court proceedings against its tenant Mrs Kumari in order to recover unpaid rent and service charges. As part of its case, Chaplair...
Phil Parkinson & Katie Edwards of JB Leitch Ltd acted for the successful landlord and full details of the case are reported below. Pemberstone Reversions (5) Limited v Various Leaseholders...
In serving notice of its intention to acquire the freehold interests at a property, was a nominee purchaser also entitled to acquire the rights to the property’s boiler room, air...
With our considerable experience, specialism and success in service charge recovery, we recognise that there has been limited provision or guidance for commercial service charges. The Royal Institute of Chartered...
Where a landlord objects to a tenant’s claim for a new tenancy on the grounds that it intends to carry out works to the property, how does the landlord prove...
Vesting leasehold interest in an occupier where the original lease was deemed to be void The background In Panton and others v Brophy and another [2019], the claimant rowing club...
When a lease is granted to an incorrect limited company, how should the court approach its interpretation of the lease when determining a claim for possession? The background In Seafood...
In further litigation arising out of the pandemic closure of retail units, this County Court decision provides some indication as to how the courts may address the question of whether...
The government and main political parties each recognise the need to provide the UK with world class digital connectivity – to increase our competitiveness, boost productivity and meet future demands...
We are all aware of the challenges that coronavirus has brought to the high street over the last year. With a combination of lockdown and forced closure arguably accelerating a...
In a faltering retail economy this highly relevant case looks at how a tenant’s proposed CVA can impact on a landlord’s claim for future rent and whether the CVA is...
During a dispute relating to disallowed costs under a joint venture agreement, the Court was asked to consider the meaning of ‘default’. The Court of Appeal’s decision and the facts...
How flexible can costs budgets of litigation be? The background Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] concerned costs which arose from a clinical negligence case. Complications...
Do landlords need to account for contributions towards works when billing tenants? The background In Oliver v Sheffield City Council [2017], a large scheme of works was undertaken at an...
Where the First-tier Tribunal makes a costs order in favour of more parties than just the tenant who applied for the order, is such an order enforceable? The background In...
Where a claimant failed to file and serve his statement of costs within the time frame stipulated by the Civil Procedure Rules, was any sanction applied by the court? The...
As you may be aware, the Supreme Court recently handed down its decision on the high profile and long running case of Duval (Respondent) v 11-13 Randolph Crescent Ltd (Appellant) [2020],...
Due to necessary precautions and current Government guidance as a result of COVID-19 (coronavirus) our offices are closed and all our staff are working remotely. We will do our best...
Further to our recent post on the impact and challenges commercial landlords face by entering into company voluntary arrangements (CVAs), Legal Director Phil Parkinson returns to the subject as an...
Introduced on 21st March 2017 by the Ministry of Justice, the new pre-action protocol for debt claims will come into force on 1st October 2017. This article sets out some...
An early decision relating to the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, this case addresses whether a breathing space or...
Whether the subsoil was included in the demise of a ground floor maisonette The background In Gorst & another v Knight [2018], the leaseholders held a long lease of a...
Where a company in England and Wales is restored to the Register of Companies, will a lease disclaimed by the Crown automatically revest in the company? The background In Re...
Whether a property which received water from a borehole on a neighbouring property enjoyed a right to connect into that borehole. The background Mullane v Davies and another [2020] concerned...
Are estimates of energy usage sufficient when calculating tenants’ proportion? The background The tenant owned long leases of 42 apartments in the subject property. The leases contained provisions relating to...
When the Court will imply a term that the landlord is responsible for electrical safety The background J N Hipwell & Son v Szurek [2018] concerned a commercial premises at...
Whether minor failures to follow statutory procedure invalidated an RTM claim The background The Appellant RTM company served a notice of claim pursuant to the statutory notice procedure set down...
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