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Found 40 results.
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/debt-claim-pre-action-protocol/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/debt-respite-scheme-whether-costs-were-to-be-paid-on-account-where-a-debt-respite-moratorium-was-in-place-axnoller-events-v-brake-and-another-brake-and-others-v-chedington-court-estate-ltd-2021/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/demise-of-long-leasehold-property/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/disclaimed-leases-vesting-of-lease-when-company-is-restored-to-register-of-companies-re-buzzlines-coaches-ltd-mistral-asset-finance-ltd-v-registrar-of-companies-2020/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/easement-for-water-supply-whether-a-property-owner-enjoyed-a-right-to-connect-to-a-borehole-water-supply-mullane-v-davies-and-another-2020/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/east-tower-apartments-limited-v-no-1-west-india-quay-residential-limited-2016/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/electrical-installation-safety-in-let-properties/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/elim-court-rtm-co-ltd-v-avon-freeholds-ltd-2017/
Whether a grant of consent to works would breach landlord’s enforcement covenant The background In Duval v 11-13 Randolf Crescent [2018], a tenant – Mrs Winfield – held a long...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enforcement-covenants-and-ensuring-that-the-landlord-does-not-end-up-in-breach-itself/
What notice must be given to tenants to be ‘sufficient’ in enforcement proceedings? The background In Partridge v Gupta [2017], the landlord had been granted an order for possession. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enforcement-of-possession-orders/
Where renovation and construction works have been undertaken to flats within a building, the courts were asked to determine whether the new spaces could be classed as ‘dwellings’ so as...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enfranchisement-whether-unfinished-flats-were-classed-as-dwellings-for-the-purposes-of-a-claim-for-enfranchisement-aldford-house-freehold-ltd-v-grosvenor-mayfair-estate-and-another-2019/
Winchester Park Ltd v Sehayek [2016] The background The respondent tenant occupied a flat under a long lease. The lease contained a covenant on the part of the appellant landlord...
https://www.jbleitch.co.uk/news-insights/case-law-comment/entitlement-of-the-court-to-make-a-costs-order-following-dismissal-of-claim/
Where a service is no longer provided to a tenant, can the landlord still recover costs under the service charge? The background Saunderson v Cambridge Park Court Residents Association Limited...
https://www.jbleitch.co.uk/news-insights/case-law-comment/estoppel-by-convention/
Legal Director Phil Parkinson and Associate Katie Edwards, our leading experts in all matters related to building safety, comment on recent government guidance in relation to the External Wall Fire Review process...
https://www.jbleitch.co.uk/news-insights/blogs/ews1-who-pays-the-price/
Whether statutory notices served by corporate landlords should be executed as documents in accordance with company law, and what constitutes valid signature. The background In Northwood Solihull Ltd v Fearn...
https://www.jbleitch.co.uk/news-insights/case-law-comment/execution-of-documents-interpretation-of-the-natural-and-ordinary-meaning-of-contractual-terms-northwood-solihull-ltd-v-fearn-and-others-2020/
Sweeping up provisions The background Etal Court, a development in the north-east, was contructed in the 1970s. 39 leases of 999 years were granted of each apartment. A Residents’ Management...
https://www.jbleitch.co.uk/news-insights/case-law-comment/fairbairn-v-etal-court-maintenance-ltd-2015/
Can landlords recover additional fire safety costs under the service charge? The background J B Leitch was instructed by the applicant freeholder in E & J Ground Rents No 11...
https://www.jbleitch.co.uk/news-insights/case-law-comment/fire-safety-costs-in-residential-blocks/
JB Leitch secure an important determination at the First-tier Tribunal for the recoverability of costs for urgent fire safety work costs under the service charge. With considerable attention being given...
https://www.jbleitch.co.uk/news-insights/blogs/fire-safety-work-cost-recovery-via-the-service-charge/
The Upper Tribunal uses Arnold v Britton in service charge interpretation The background A residential development site was split between Laing Homes Ltd and Mr and Mrs Faulkner in 1998....
https://www.jbleitch.co.uk/news-insights/case-law-comment/first-property-services-ltd-v-ahmet-2017/
The First-tier Tribunal’s powers where a landlord breaches a management order The background In Staples v Cranfield [2018], the appellant was appointed by the FTT as the manager of a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/first-tier-tribunal-procedure-the-first-tier-tribunals-powers-where-a-landlord-breaches-a-management-order/
Where a local authority terminates a flexible secure tenancy during its fixed term, is such termination valid where the tenancy document contains no obvious forfeiture clause? The background In Croydon...
https://www.jbleitch.co.uk/news-insights/case-law-comment/flexible-tenancies-termination-of-flexible-secure-tenancy-by-local-authority-croydon-london-borough-council-v-kalonga-2021/
Illegal use of premises and the landlord’s burden of proof in a breach of lease claim The background In Vanezis and another v Ozkoc and others [2018], the claimants held...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-of-lease/
The Court of Appeal is asked to consider whether the exercise by a landlord of Commercial Rent Arrears Recovery (CRAR) resulted in the landlord having waived its right to forfeit...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-of-lease-whether-exercise-of-crar-waived-a-landlords-right-to-forfeit-a-lease-brar-v-thirunavukkrasu-2019/
Whether a notice drafted in the incorrect form was validly served The background In Cheerupmate2 Ltd v Calce [2018], the tenant held land under a long lease. A rent of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-of-residential-leases-is-incorrect-format-of-a-demand-fatal-to-validity/
Where a landlord forfeits a lease whilst an arbitration appeal remains outstanding, can such forfeiture be deemed valid? The background In Chana v CC Properties (Yorkshire) Ltd [2021], the tenant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-a-lease-can-be-forfeited-whilst-an-arbitration-appeal-is-still-outstanding-chana-v-cc-properties-yorkshire-ltd-2021/
Where a tenant applied for relief from forfeiture, was it sufficient for the application to have been made within the 6-month time limit or should it have made the application...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-it-was-sufficient-for-a-tenants-application-for-relief-from-forfeiture-to-be-made-within-the-6-month-time-limit-keshwala-and-another-v-bhalsod-and-another-2020/
Whether service charge proceedings must be concluded before a lease can be forfeited The background In Hyslop v 38/41 CHG Residents Co Ltd [2018], the applicant held a lease of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-service-charge-proceedings-must-be-concluded-before-a-lease-can-be-forfeited/
In a claim relating to alleged repudiation of contract, the High Court considered the effect of marking correspondence ‘Subject to Contract’ during negotiations and in correspondence. The background In Jamp...
https://www.jbleitch.co.uk/news-insights/case-law-comment/formation-interpretation-of-contract-whether-an-agreement-was-formed-where-negotiations-were-not-marked-subject-to-contract-jamp-pharma-corp-v-unichem-laboratories-ltd-2021/
Landlord’s right to redevelop a property managed by an RTM company The background The landlord held the freehold interest in a property which was managed by a Right To Manage...
https://www.jbleitch.co.uk/news-insights/case-law-comment/francia-properties-limited-v-aristou-others-2016/
No costs clause Do fixed costs under CPR 55 apply on forfeiture of a lease? The background JB Leitch was instructed to act in this, at the outset relatively straightforward,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/freehold-managers-nominees-ltd-v-surriya-begum-2015/
The following scenario is familiar to those electing to enfranchise: A collection of participating leaseholders acquire their freehold via enfranchisement. An investor acquires overriding leases in respect of the non-participating...
https://www.jbleitch.co.uk/news-insights/case-law-comment/ftt-decision-on-assignment-of-right-to-collect-service-charge/
Under Case Reference MAN/00BY/LDC/2013/0031, JB Leitch has won the right for our Landlord Client to dispense with the consultation requirements of Section 20 of the Landlord and Tenant Act 1985...
https://www.jbleitch.co.uk/news-insights/firm-news/ftt-grant-dispensation-application-post-daejan/
Whether relief from forfeiture is available where claimant has proprietary or possessory rights The background The claimant’s car manufacturing plant is situated adjacent to the defendant’s canal. A licence was...
https://www.jbleitch.co.uk/news-insights/case-law-comment/general-motors-uk-ltd-v-manchester-ship-canal-company-ltd-2016/
Whether a tenant was unlawfully evicted by his landlord The background The appellant occupied part of a property owned by the respondent landlord, and he paid rent to the landlord...
https://www.jbleitch.co.uk/news-insights/case-law-comment/gibson-v-douglas-2016/
Mark Rogerson, based at Duke Street’s RNIB office, has set himself the challenge of completing the world’s biggest marathons in aid of the charity’s commitment to challenging exclusion, inequality and...
https://www.jbleitch.co.uk/news-insights/firm-news/going-the-extra-mile/
A fascinating report commissioned and recently published by LexisNexis investigates the increasing significance of client experience as a key differentiating factor for law firm clients. As a barometer on common...
https://www.jbleitch.co.uk/news-insights/blogs/great-expectations/
Change to Section 166 Notice Landlords of long leases need to be aware that a minor alteration is needed to the ‘Notes for Leaseholders’ that form part of the demand...
https://www.jbleitch.co.uk/news-insights/case-law-comment/ground-rent-demands/
JB Leitch is proud to be a long time sponsor of the House of Memories, an award-winning dementia awareness programme run by National Museums Liverpool. Part of the programme offers...
https://www.jbleitch.co.uk/news-insights/firm-news/house-of-memories/
This appeal against a rent repayment order discussed whether the appellant could rely on a defence of ‘reasonable excuse’ where the local housing authority had stated that an HMO licence...
https://www.jbleitch.co.uk/news-insights/case-law-comment/houses-in-multiple-occupation-defence-of-reasonable-excuse-in-appeal-against-rent-repayment-order-dcosta-v-dandrea-and-others-2021/
A warning to landlords on the use of privately rented properties What are the risks to a landlord of illegal use? Illegal activities carry with them, of course, criminal sanctions....
https://www.jbleitch.co.uk/news-insights/case-law-comment/illegal-and-immoral/
Page 5 of 20
Top 40 results.
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/debt-claim-pre-action-protocol/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/debt-respite-scheme-whether-costs-were-to-be-paid-on-account-where-a-debt-respite-moratorium-was-in-place-axnoller-events-v-brake-and-another-brake-and-others-v-chedington-court-estate-ltd-2021/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/demise-of-long-leasehold-property/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/disclaimed-leases-vesting-of-lease-when-company-is-restored-to-register-of-companies-re-buzzlines-coaches-ltd-mistral-asset-finance-ltd-v-registrar-of-companies-2020/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/easement-for-water-supply-whether-a-property-owner-enjoyed-a-right-to-connect-to-a-borehole-water-supply-mullane-v-davies-and-another-2020/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/east-tower-apartments-limited-v-no-1-west-india-quay-residential-limited-2016/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/electrical-installation-safety-in-let-properties/
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...
https://www.jbleitch.co.uk/news-insights/case-law-comment/elim-court-rtm-co-ltd-v-avon-freeholds-ltd-2017/
Whether a grant of consent to works would breach landlord’s enforcement covenant The background In Duval v 11-13 Randolf Crescent [2018], a tenant – Mrs Winfield – held a long...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enforcement-covenants-and-ensuring-that-the-landlord-does-not-end-up-in-breach-itself/
What notice must be given to tenants to be ‘sufficient’ in enforcement proceedings? The background In Partridge v Gupta [2017], the landlord had been granted an order for possession. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enforcement-of-possession-orders/
Where renovation and construction works have been undertaken to flats within a building, the courts were asked to determine whether the new spaces could be classed as ‘dwellings’ so as...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enfranchisement-whether-unfinished-flats-were-classed-as-dwellings-for-the-purposes-of-a-claim-for-enfranchisement-aldford-house-freehold-ltd-v-grosvenor-mayfair-estate-and-another-2019/
Winchester Park Ltd v Sehayek [2016] The background The respondent tenant occupied a flat under a long lease. The lease contained a covenant on the part of the appellant landlord...
https://www.jbleitch.co.uk/news-insights/case-law-comment/entitlement-of-the-court-to-make-a-costs-order-following-dismissal-of-claim/
Where a service is no longer provided to a tenant, can the landlord still recover costs under the service charge? The background Saunderson v Cambridge Park Court Residents Association Limited...
https://www.jbleitch.co.uk/news-insights/case-law-comment/estoppel-by-convention/
Legal Director Phil Parkinson and Associate Katie Edwards, our leading experts in all matters related to building safety, comment on recent government guidance in relation to the External Wall Fire Review process...
https://www.jbleitch.co.uk/news-insights/blogs/ews1-who-pays-the-price/
Whether statutory notices served by corporate landlords should be executed as documents in accordance with company law, and what constitutes valid signature. The background In Northwood Solihull Ltd v Fearn...
https://www.jbleitch.co.uk/news-insights/case-law-comment/execution-of-documents-interpretation-of-the-natural-and-ordinary-meaning-of-contractual-terms-northwood-solihull-ltd-v-fearn-and-others-2020/
Sweeping up provisions The background Etal Court, a development in the north-east, was contructed in the 1970s. 39 leases of 999 years were granted of each apartment. A Residents’ Management...
https://www.jbleitch.co.uk/news-insights/case-law-comment/fairbairn-v-etal-court-maintenance-ltd-2015/
Can landlords recover additional fire safety costs under the service charge? The background J B Leitch was instructed by the applicant freeholder in E & J Ground Rents No 11...
https://www.jbleitch.co.uk/news-insights/case-law-comment/fire-safety-costs-in-residential-blocks/
JB Leitch secure an important determination at the First-tier Tribunal for the recoverability of costs for urgent fire safety work costs under the service charge. With considerable attention being given...
https://www.jbleitch.co.uk/news-insights/blogs/fire-safety-work-cost-recovery-via-the-service-charge/
The Upper Tribunal uses Arnold v Britton in service charge interpretation The background A residential development site was split between Laing Homes Ltd and Mr and Mrs Faulkner in 1998....
https://www.jbleitch.co.uk/news-insights/case-law-comment/first-property-services-ltd-v-ahmet-2017/
The First-tier Tribunal’s powers where a landlord breaches a management order The background In Staples v Cranfield [2018], the appellant was appointed by the FTT as the manager of a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/first-tier-tribunal-procedure-the-first-tier-tribunals-powers-where-a-landlord-breaches-a-management-order/
Where a local authority terminates a flexible secure tenancy during its fixed term, is such termination valid where the tenancy document contains no obvious forfeiture clause? The background In Croydon...
https://www.jbleitch.co.uk/news-insights/case-law-comment/flexible-tenancies-termination-of-flexible-secure-tenancy-by-local-authority-croydon-london-borough-council-v-kalonga-2021/
Illegal use of premises and the landlord’s burden of proof in a breach of lease claim The background In Vanezis and another v Ozkoc and others [2018], the claimants held...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-of-lease/
The Court of Appeal is asked to consider whether the exercise by a landlord of Commercial Rent Arrears Recovery (CRAR) resulted in the landlord having waived its right to forfeit...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-of-lease-whether-exercise-of-crar-waived-a-landlords-right-to-forfeit-a-lease-brar-v-thirunavukkrasu-2019/
Whether a notice drafted in the incorrect form was validly served The background In Cheerupmate2 Ltd v Calce [2018], the tenant held land under a long lease. A rent of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-of-residential-leases-is-incorrect-format-of-a-demand-fatal-to-validity/
Where a landlord forfeits a lease whilst an arbitration appeal remains outstanding, can such forfeiture be deemed valid? The background In Chana v CC Properties (Yorkshire) Ltd [2021], the tenant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-a-lease-can-be-forfeited-whilst-an-arbitration-appeal-is-still-outstanding-chana-v-cc-properties-yorkshire-ltd-2021/
Where a tenant applied for relief from forfeiture, was it sufficient for the application to have been made within the 6-month time limit or should it have made the application...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-it-was-sufficient-for-a-tenants-application-for-relief-from-forfeiture-to-be-made-within-the-6-month-time-limit-keshwala-and-another-v-bhalsod-and-another-2020/
Whether service charge proceedings must be concluded before a lease can be forfeited The background In Hyslop v 38/41 CHG Residents Co Ltd [2018], the applicant held a lease of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-service-charge-proceedings-must-be-concluded-before-a-lease-can-be-forfeited/
In a claim relating to alleged repudiation of contract, the High Court considered the effect of marking correspondence ‘Subject to Contract’ during negotiations and in correspondence. The background In Jamp...
https://www.jbleitch.co.uk/news-insights/case-law-comment/formation-interpretation-of-contract-whether-an-agreement-was-formed-where-negotiations-were-not-marked-subject-to-contract-jamp-pharma-corp-v-unichem-laboratories-ltd-2021/
Landlord’s right to redevelop a property managed by an RTM company The background The landlord held the freehold interest in a property which was managed by a Right To Manage...
https://www.jbleitch.co.uk/news-insights/case-law-comment/francia-properties-limited-v-aristou-others-2016/
No costs clause Do fixed costs under CPR 55 apply on forfeiture of a lease? The background JB Leitch was instructed to act in this, at the outset relatively straightforward,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/freehold-managers-nominees-ltd-v-surriya-begum-2015/
The following scenario is familiar to those electing to enfranchise: A collection of participating leaseholders acquire their freehold via enfranchisement. An investor acquires overriding leases in respect of the non-participating...
https://www.jbleitch.co.uk/news-insights/case-law-comment/ftt-decision-on-assignment-of-right-to-collect-service-charge/
Under Case Reference MAN/00BY/LDC/2013/0031, JB Leitch has won the right for our Landlord Client to dispense with the consultation requirements of Section 20 of the Landlord and Tenant Act 1985...
https://www.jbleitch.co.uk/news-insights/firm-news/ftt-grant-dispensation-application-post-daejan/
Whether relief from forfeiture is available where claimant has proprietary or possessory rights The background The claimant’s car manufacturing plant is situated adjacent to the defendant’s canal. A licence was...
https://www.jbleitch.co.uk/news-insights/case-law-comment/general-motors-uk-ltd-v-manchester-ship-canal-company-ltd-2016/
Whether a tenant was unlawfully evicted by his landlord The background The appellant occupied part of a property owned by the respondent landlord, and he paid rent to the landlord...
https://www.jbleitch.co.uk/news-insights/case-law-comment/gibson-v-douglas-2016/
Mark Rogerson, based at Duke Street’s RNIB office, has set himself the challenge of completing the world’s biggest marathons in aid of the charity’s commitment to challenging exclusion, inequality and...
https://www.jbleitch.co.uk/news-insights/firm-news/going-the-extra-mile/
A fascinating report commissioned and recently published by LexisNexis investigates the increasing significance of client experience as a key differentiating factor for law firm clients. As a barometer on common...
https://www.jbleitch.co.uk/news-insights/blogs/great-expectations/
Change to Section 166 Notice Landlords of long leases need to be aware that a minor alteration is needed to the ‘Notes for Leaseholders’ that form part of the demand...
https://www.jbleitch.co.uk/news-insights/case-law-comment/ground-rent-demands/
JB Leitch is proud to be a long time sponsor of the House of Memories, an award-winning dementia awareness programme run by National Museums Liverpool. Part of the programme offers...
https://www.jbleitch.co.uk/news-insights/firm-news/house-of-memories/
This appeal against a rent repayment order discussed whether the appellant could rely on a defence of ‘reasonable excuse’ where the local housing authority had stated that an HMO licence...
https://www.jbleitch.co.uk/news-insights/case-law-comment/houses-in-multiple-occupation-defence-of-reasonable-excuse-in-appeal-against-rent-repayment-order-dcosta-v-dandrea-and-others-2021/
A warning to landlords on the use of privately rented properties What are the risks to a landlord of illegal use? Illegal activities carry with them, of course, criminal sanctions....
https://www.jbleitch.co.uk/news-insights/case-law-comment/illegal-and-immoral/
