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Found 40 results.
Where leases are granted for a fixed term followed by a periodic tenancy, can tenants still constitute ‘owners’? The background The landlord granted Assured Shorthold Tenancies of properties for fixed...
https://www.jbleitch.co.uk/news-insights/case-law-comment/leeds-city-council-v-broadley-2016/
In this article, we draw upon recent case law and first-hand experience to comment on the challenges and remedies associated with establishing rights to light. A “right to light” can...
https://www.jbleitch.co.uk/news-insights/blogs/let-there-be-light/
Importance of keeping addresses up to date A recent case has highlighted the importance for all parties of ensuring that address details stated in a lease are valid and kept...
https://www.jbleitch.co.uk/news-insights/case-law-comment/levett-dunn-others-v-nhs-property-services-ltd-2016/
This decisive judgment by the Supreme Court addresses circumstances where a limitation period accrues at, or on the expiry of midnight, confirming that the immediate day following should also be...
https://www.jbleitch.co.uk/news-insights/case-law-comment/limitation-periods-time-limits-supreme-court-ruling-on-limitation-periods-where-cause-of-action-accrues-at-midnight-matthew-v-sedman-2021/
Whether service charge costs were reasonably incurred The background The Respondent occupied a flat within a block owned by the Local Authority Appellant. The Appellant carried out works to the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/london-borough-of-hounslow-v-waaler-2017/
Upper Tribunal applies strict interpretation of lease terms The Background The Appellant, the London Borough of Southwark, was the landlord of 43A Naylor Road, London. The Respondent was assigned the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/london-borough-of-southwark-v-clark-2015/
Whether a service charge demand was invalidated by the omission of the costs of major works The background The Respondent tenant occupied a property of which the local authority Appellant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/london-borough-of-southwark-v-proktor-2016/
Whether interpretation of the parties’ intentions resulted in a breach of alienation provisions. The background Warborough Investments Ltd was the Landlord of a property consisting of four self-contained shops with...
https://www.jbleitch.co.uk/news-insights/case-law-comment/lunar-office-v-warborough-investments-ltd-2017/
Dispensation from Section 20 consultation requirements The background In Pemberstone Reversions (5) Limited v Various Lessees at Cartier House [2018], the landlord of a large block of flats in Leeds...
https://www.jbleitch.co.uk/news-insights/case-law-comment/major-works-consultation-dispensation/
The Court considers the circumstances where user covenants contained in a long lease may be modified, released or discharged in line with other lease covenants. The background Shaviram Normandy Ltd...
https://www.jbleitch.co.uk/news-insights/case-law-comment/modification-of-leasehold-covenants-the-modification-release-or-discharge-of-user-covenants-in-long-leases-shaviram-normandy-ltd-v-basingstoke-and-deane-borough-council-2019/
Claiming for loss despite vacancy of property The background Appellant Moorjani owned a long lease of a residential flat situated within a block where common parts were in a state...
https://www.jbleitch.co.uk/news-insights/case-law-comment/moorjani-v-durban-estates-ltd-2015/
AirBnB lettings by a tenant were a breach of lease The background The tenant was the long leaseholder of a one-bedroom flat in London. The respondent owned the freehold of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/nemcova-v-fairfield-rents-2016/
Where claimants owned land in an area which was continually affected by the noise of military aircraft from a nearby RAF base, were they entitled to a declaration and/or damages...
https://www.jbleitch.co.uk/news-insights/case-law-comment/noise-nuisance-whether-a-claim-for-damages-relating-to-historic-noise-caused-by-military-aircraft-can-succeed-jones-v-ministry-of-defence-2021/
Christian Cameron, Litigation Executive with JB Leitch Solicitors, has been awarded the Advanced Apprentice of the Year 2016 and Overall Apprentice of the Year 2016 by Damar Training. Pictured L...
https://www.jbleitch.co.uk/news-insights/firm-news/north-west-apprentice-wins-national-apprenticeship-award/
Does a tenant need to give a landlord permission in advance to access a property? The background New Crane Wharf Freehold v Dovener [2019] concerned a property let by the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/notice-to-access-does-a-tenant-need-to-give-a-landlord-permission-in-advance-to-access-a-property/
Where a borrower appealed against a court’s refusal to set aside a possession order, was the district judge correct to find that the possession order was a ‘final order’? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/order-for-possession-appeal-against-the-courts-refusal-to-set-aside-possession-order-sangha-v-amicus-finance-plc-in-administration-2020/
Whether occupiers of caravan park pitches were liable for owners’ costs of providing utilities The background P R Hardman, respondents in this appeal, owned a caravan park on which Greenwood...
https://www.jbleitch.co.uk/news-insights/case-law-comment/p-r-hardman-partners-v-greenwood-anr-2017/
A common example of where this becomes a problem is with freehold houses whose owners have covenanted to pay a proportionate cost of maintaining estate roads and gardens. The obligation...
https://www.jbleitch.co.uk/news-insights/case-law-comment/positive-covenants-in-freehold-transfers/
Upper Tribunal decision regarding costs on a withdrawn RTM application. The Post Box RTM Company wrote to the First-Tier Tribunal (“FTT”) withdrawing its application to assume management responsibilities for Birmingham’s...
https://www.jbleitch.co.uk/news-insights/case-law-comment/post-box-ground-rents-v-the-post-box-rtm-company-2015/
Interference with the right to enjoy and use property The background In Network Rail Infrastructure Ltd v Williams and another [2018], the claimants owned properties which adjoined the Defendant’s property....
https://www.jbleitch.co.uk/news-insights/case-law-comment/private-nuisance/
The High Court considers whether a landowner’s refusal to grant consent to a development on aesthetic grounds was reasonable. The background In Hicks v 89 Holland Park Management Ltd [2021],...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-whether-refusal-of-consent-to-a-development-on-aesthetic-grounds-was-reasonable-hicks-v-89-holland-park-management-ltd-2021/
Whether a notice was validly served where a party is named incorrectly The background In Dukeminster Ltd v West End Investments (Cowell Group) Ltd [2018], the landlord served a s.25...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-notices-wrong-name-does-not-mean-that-notice-is-wrong/
Timothy Taylor Ltd v Mayfair House Corporation & Another [2016] The background The tenant occupied a premium property in Mayfair, London, within which it housed a high-class art gallery. Rent...
https://www.jbleitch.co.uk/news-insights/case-law-comment/protection-of-a-tenants-rights-to-quiet-enjoyment/
A review of the Upper Tribunal decision Terrorism Insurance – Can it form part of the service charge expenditure where there is no express provision within the lease? A review...
https://www.jbleitch.co.uk/news-insights/case-law-comment/qdime-limited-v-bath-building-management-company-limited-ors/
Whether an agreement for 12 months was a ‘qualifying long term agreement’ The background In Corvan (Properties) Ltd v Abdel-Mahmoud [2018], the appellant freeholder of a large building entered into...
https://www.jbleitch.co.uk/news-insights/case-law-comment/qualifying-long-term-agreements/
It is the minimum term that matters The background In Bracken Hill Court at Ackworth Management Company Ltd v Dobson & others [2018], a managing agent for a block of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/qualifying-long-term-agreements-it-is-the-minimum-term-that-matters/
Unauthorised alterations The background The case concerned a semi-detached property in London which had been converted into two flats. Mr Raja, the Appellant, owned the freehold. The first-floor flat, 85A,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/raja-v-aviram-2016/
Serving notice of a decision on leaseholders The background In Hyslop v 38/41 CHG Residents Co Ltd, Re Craven Hill Gardens [2017], the landlord of a development containing 36 flats...
https://www.jbleitch.co.uk/news-insights/case-law-comment/reasonableness-of-service-charges/
Considerations for Landlords Collective Enfranchisement Section 33(1) of The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) confirms that once the initial notice is served, the nominee purchaser...
https://www.jbleitch.co.uk/news-insights/case-law-comment/recoverable-costs-on-collective-enfranchisement-and-lease-extensions/
Relevant to commercial contracts of any nature, the High Court considered the meaning and interpretation of a lease provision entitling a party to ‘all reasonable costs’. The background In Alafco...
https://www.jbleitch.co.uk/news-insights/case-law-comment/recovery-of-costs-interpreting-the-meaning-of-all-reasonable-costs-in-contractual-costs-clauses-alafco-irish-aircraft-leasing-sixteen-ltd-v-hong-kong-airlines-ltd-2019/
Year end certificates and whether lessee can set off costs of works against service charge liability The background The Respondents held a long lease over an apartment in a building...
https://www.jbleitch.co.uk/news-insights/case-law-comment/recovery-of-service-charge/
Did the fact that the Land Registry had not registered the purported sale of a lease prevent the seller from being in breach of the alienation provisions contained in the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/reiner-v-triplark-ltd-2016/
Whether a possession order must be set aside for an ‘unjust enrichment’ claim to succeed The background In Gibbs v Lakeside Developments Ltd [2018], the tenant held a long 999-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-against-forfeiture-and-possession/
Recent High Court case offers guidance In an area of law full of uncertainty the recent High Court case of Ansa Logistics v Towerbeg offers useful and practical guidance on...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture/
Update: The Court of Appeal considers a further appeal by the landlord in this case. Our report on the High Court’s judgment contains more detail on the background of the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-court-of-appeal-considers-judgment-where-a-tenant-was-protected-keshwala-and-another-v-bhalsod-and-another-2021/
When a lessee raises a late claim for relief from forfeiture and cannot demonstrate sufficient financial means to satisfy the terms of the lease, can the claim still succeed? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-defending-a-claim-for-relief-where-a-lessee-is-out-of-time-and-cannot-demonstrate-financial-means-timbo-v-london-borough-of-lambeth-2019/
Where a licensee held a licence of property but enjoyed almost exclusive possession and control over it, did the licensee hold sufficient possessory rights to benefit from a claim for...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-exclusive-possession-and-control-of-property-by-a-party-holding-only-a-licence-of-property-manchester-ship-canal-co-ltd-v-vauxhall-motors-ltd-2019/
Tenant administration and “keep open” covenants The background In SHB Realisations Ltd and another v Cribbs Mall Nominee (1) Ltd and another [2019], the tenant BHS took a 125-year lease...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-tenant-administration-and-keep-open-covenants/
Where land is contaminated by the presence of asbestos, can a landlord claim the costs of remediation of the property from a third party that caused the contamination as a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/remediation-of-contaminated-land-can-a-landowner-counterclaim-the-costs-of-remediation-from-a-third-party-in-a-dispute-concerning-land-leased-to-the-claimant-company-pullman-foods-ltd-v-welsh-minister/
Where a lease contained a mistake in the drafting of its rent review provisions such that the formula was ‘arbitrary and irrational’, the Court of Appeal considered whether a correction...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review-appeal-of-decision-to-correct-a-mistake-in-rent-review-clause-drafting-monsolar-iq-ltd-v-woden-park-ltd-2021/
Page 7 of 20
Top 40 results.
Where leases are granted for a fixed term followed by a periodic tenancy, can tenants still constitute ‘owners’? The background The landlord granted Assured Shorthold Tenancies of properties for fixed...
https://www.jbleitch.co.uk/news-insights/case-law-comment/leeds-city-council-v-broadley-2016/
In this article, we draw upon recent case law and first-hand experience to comment on the challenges and remedies associated with establishing rights to light. A “right to light” can...
https://www.jbleitch.co.uk/news-insights/blogs/let-there-be-light/
Importance of keeping addresses up to date A recent case has highlighted the importance for all parties of ensuring that address details stated in a lease are valid and kept...
https://www.jbleitch.co.uk/news-insights/case-law-comment/levett-dunn-others-v-nhs-property-services-ltd-2016/
This decisive judgment by the Supreme Court addresses circumstances where a limitation period accrues at, or on the expiry of midnight, confirming that the immediate day following should also be...
https://www.jbleitch.co.uk/news-insights/case-law-comment/limitation-periods-time-limits-supreme-court-ruling-on-limitation-periods-where-cause-of-action-accrues-at-midnight-matthew-v-sedman-2021/
Whether service charge costs were reasonably incurred The background The Respondent occupied a flat within a block owned by the Local Authority Appellant. The Appellant carried out works to the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/london-borough-of-hounslow-v-waaler-2017/
Upper Tribunal applies strict interpretation of lease terms The Background The Appellant, the London Borough of Southwark, was the landlord of 43A Naylor Road, London. The Respondent was assigned the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/london-borough-of-southwark-v-clark-2015/
Whether a service charge demand was invalidated by the omission of the costs of major works The background The Respondent tenant occupied a property of which the local authority Appellant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/london-borough-of-southwark-v-proktor-2016/
Whether interpretation of the parties’ intentions resulted in a breach of alienation provisions. The background Warborough Investments Ltd was the Landlord of a property consisting of four self-contained shops with...
https://www.jbleitch.co.uk/news-insights/case-law-comment/lunar-office-v-warborough-investments-ltd-2017/
Dispensation from Section 20 consultation requirements The background In Pemberstone Reversions (5) Limited v Various Lessees at Cartier House [2018], the landlord of a large block of flats in Leeds...
https://www.jbleitch.co.uk/news-insights/case-law-comment/major-works-consultation-dispensation/
The Court considers the circumstances where user covenants contained in a long lease may be modified, released or discharged in line with other lease covenants. The background Shaviram Normandy Ltd...
https://www.jbleitch.co.uk/news-insights/case-law-comment/modification-of-leasehold-covenants-the-modification-release-or-discharge-of-user-covenants-in-long-leases-shaviram-normandy-ltd-v-basingstoke-and-deane-borough-council-2019/
Claiming for loss despite vacancy of property The background Appellant Moorjani owned a long lease of a residential flat situated within a block where common parts were in a state...
https://www.jbleitch.co.uk/news-insights/case-law-comment/moorjani-v-durban-estates-ltd-2015/
AirBnB lettings by a tenant were a breach of lease The background The tenant was the long leaseholder of a one-bedroom flat in London. The respondent owned the freehold of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/nemcova-v-fairfield-rents-2016/
Where claimants owned land in an area which was continually affected by the noise of military aircraft from a nearby RAF base, were they entitled to a declaration and/or damages...
https://www.jbleitch.co.uk/news-insights/case-law-comment/noise-nuisance-whether-a-claim-for-damages-relating-to-historic-noise-caused-by-military-aircraft-can-succeed-jones-v-ministry-of-defence-2021/
Christian Cameron, Litigation Executive with JB Leitch Solicitors, has been awarded the Advanced Apprentice of the Year 2016 and Overall Apprentice of the Year 2016 by Damar Training. Pictured L...
https://www.jbleitch.co.uk/news-insights/firm-news/north-west-apprentice-wins-national-apprenticeship-award/
Does a tenant need to give a landlord permission in advance to access a property? The background New Crane Wharf Freehold v Dovener [2019] concerned a property let by the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/notice-to-access-does-a-tenant-need-to-give-a-landlord-permission-in-advance-to-access-a-property/
Where a borrower appealed against a court’s refusal to set aside a possession order, was the district judge correct to find that the possession order was a ‘final order’? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/order-for-possession-appeal-against-the-courts-refusal-to-set-aside-possession-order-sangha-v-amicus-finance-plc-in-administration-2020/
Whether occupiers of caravan park pitches were liable for owners’ costs of providing utilities The background P R Hardman, respondents in this appeal, owned a caravan park on which Greenwood...
https://www.jbleitch.co.uk/news-insights/case-law-comment/p-r-hardman-partners-v-greenwood-anr-2017/
A common example of where this becomes a problem is with freehold houses whose owners have covenanted to pay a proportionate cost of maintaining estate roads and gardens. The obligation...
https://www.jbleitch.co.uk/news-insights/case-law-comment/positive-covenants-in-freehold-transfers/
Upper Tribunal decision regarding costs on a withdrawn RTM application. The Post Box RTM Company wrote to the First-Tier Tribunal (“FTT”) withdrawing its application to assume management responsibilities for Birmingham’s...
https://www.jbleitch.co.uk/news-insights/case-law-comment/post-box-ground-rents-v-the-post-box-rtm-company-2015/
Interference with the right to enjoy and use property The background In Network Rail Infrastructure Ltd v Williams and another [2018], the claimants owned properties which adjoined the Defendant’s property....
https://www.jbleitch.co.uk/news-insights/case-law-comment/private-nuisance/
The High Court considers whether a landowner’s refusal to grant consent to a development on aesthetic grounds was reasonable. The background In Hicks v 89 Holland Park Management Ltd [2021],...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-whether-refusal-of-consent-to-a-development-on-aesthetic-grounds-was-reasonable-hicks-v-89-holland-park-management-ltd-2021/
Whether a notice was validly served where a party is named incorrectly The background In Dukeminster Ltd v West End Investments (Cowell Group) Ltd [2018], the landlord served a s.25...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-notices-wrong-name-does-not-mean-that-notice-is-wrong/
Timothy Taylor Ltd v Mayfair House Corporation & Another [2016] The background The tenant occupied a premium property in Mayfair, London, within which it housed a high-class art gallery. Rent...
https://www.jbleitch.co.uk/news-insights/case-law-comment/protection-of-a-tenants-rights-to-quiet-enjoyment/
A review of the Upper Tribunal decision Terrorism Insurance – Can it form part of the service charge expenditure where there is no express provision within the lease? A review...
https://www.jbleitch.co.uk/news-insights/case-law-comment/qdime-limited-v-bath-building-management-company-limited-ors/
Whether an agreement for 12 months was a ‘qualifying long term agreement’ The background In Corvan (Properties) Ltd v Abdel-Mahmoud [2018], the appellant freeholder of a large building entered into...
https://www.jbleitch.co.uk/news-insights/case-law-comment/qualifying-long-term-agreements/
It is the minimum term that matters The background In Bracken Hill Court at Ackworth Management Company Ltd v Dobson & others [2018], a managing agent for a block of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/qualifying-long-term-agreements-it-is-the-minimum-term-that-matters/
Unauthorised alterations The background The case concerned a semi-detached property in London which had been converted into two flats. Mr Raja, the Appellant, owned the freehold. The first-floor flat, 85A,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/raja-v-aviram-2016/
Serving notice of a decision on leaseholders The background In Hyslop v 38/41 CHG Residents Co Ltd, Re Craven Hill Gardens [2017], the landlord of a development containing 36 flats...
https://www.jbleitch.co.uk/news-insights/case-law-comment/reasonableness-of-service-charges/
Considerations for Landlords Collective Enfranchisement Section 33(1) of The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) confirms that once the initial notice is served, the nominee purchaser...
https://www.jbleitch.co.uk/news-insights/case-law-comment/recoverable-costs-on-collective-enfranchisement-and-lease-extensions/
Relevant to commercial contracts of any nature, the High Court considered the meaning and interpretation of a lease provision entitling a party to ‘all reasonable costs’. The background In Alafco...
https://www.jbleitch.co.uk/news-insights/case-law-comment/recovery-of-costs-interpreting-the-meaning-of-all-reasonable-costs-in-contractual-costs-clauses-alafco-irish-aircraft-leasing-sixteen-ltd-v-hong-kong-airlines-ltd-2019/
Year end certificates and whether lessee can set off costs of works against service charge liability The background The Respondents held a long lease over an apartment in a building...
https://www.jbleitch.co.uk/news-insights/case-law-comment/recovery-of-service-charge/
Did the fact that the Land Registry had not registered the purported sale of a lease prevent the seller from being in breach of the alienation provisions contained in the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/reiner-v-triplark-ltd-2016/
Whether a possession order must be set aside for an ‘unjust enrichment’ claim to succeed The background In Gibbs v Lakeside Developments Ltd [2018], the tenant held a long 999-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-against-forfeiture-and-possession/
Recent High Court case offers guidance In an area of law full of uncertainty the recent High Court case of Ansa Logistics v Towerbeg offers useful and practical guidance on...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture/
Update: The Court of Appeal considers a further appeal by the landlord in this case. Our report on the High Court’s judgment contains more detail on the background of the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-court-of-appeal-considers-judgment-where-a-tenant-was-protected-keshwala-and-another-v-bhalsod-and-another-2021/
When a lessee raises a late claim for relief from forfeiture and cannot demonstrate sufficient financial means to satisfy the terms of the lease, can the claim still succeed? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-defending-a-claim-for-relief-where-a-lessee-is-out-of-time-and-cannot-demonstrate-financial-means-timbo-v-london-borough-of-lambeth-2019/
Where a licensee held a licence of property but enjoyed almost exclusive possession and control over it, did the licensee hold sufficient possessory rights to benefit from a claim for...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-exclusive-possession-and-control-of-property-by-a-party-holding-only-a-licence-of-property-manchester-ship-canal-co-ltd-v-vauxhall-motors-ltd-2019/
Tenant administration and “keep open” covenants The background In SHB Realisations Ltd and another v Cribbs Mall Nominee (1) Ltd and another [2019], the tenant BHS took a 125-year lease...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-tenant-administration-and-keep-open-covenants/
Where land is contaminated by the presence of asbestos, can a landlord claim the costs of remediation of the property from a third party that caused the contamination as a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/remediation-of-contaminated-land-can-a-landowner-counterclaim-the-costs-of-remediation-from-a-third-party-in-a-dispute-concerning-land-leased-to-the-claimant-company-pullman-foods-ltd-v-welsh-minister/
Where a lease contained a mistake in the drafting of its rent review provisions such that the formula was ‘arbitrary and irrational’, the Court of Appeal considered whether a correction...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review-appeal-of-decision-to-correct-a-mistake-in-rent-review-clause-drafting-monsolar-iq-ltd-v-woden-park-ltd-2021/
