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Found 40 results.
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/
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/
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/
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Upper Tribunal decision regarding costs on a withdrawn RTM application.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/
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/
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/
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 a landlord makes an application for rent review in the First-tier Tribunal, what evidence should the court rely on in reaching its determination? The background In Podkrolewicz v R...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review-whether-the-first-tier-tribunal-was-right-to-consider-comparable-evidence-in-rent-review-application/
It is prudent for landlords to ensure that leases, certainly those with a term of more than 5 years, incorporate a rent review provision. Longer leases will allow for a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-reviews-making-time-of-the-essence/
Can a landlord charge tenants for repairs where replacement may be more reasonable? The background In De Havilland Studios Ltd v Peries & another [2017], the landlord proposed undertaking repair...
https://www.jbleitch.co.uk/news-insights/case-law-comment/replacement-and-repair/
Whether a landlord can refuse consent where it perceives a risk of enfranchisement claim The background In Rotrust Nominees Ltd v Hautford Ltd [2018], the tenant was required by the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/request-for-consent-to-planning-permission-application/
When is a building ‘structurally detached’ for the purposes of an RTM claim? The background CQN RTM Co Ltd v Broad Quay North Block Freehold and another [2018] concerned a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-claims/
Page 7 of 20
Top 40 results.
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/
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/
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/
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/
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/
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/
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 a landlord makes an application for rent review in the First-tier Tribunal, what evidence should the court rely on in reaching its determination? The background In Podkrolewicz v R...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review-whether-the-first-tier-tribunal-was-right-to-consider-comparable-evidence-in-rent-review-application/
It is prudent for landlords to ensure that leases, certainly those with a term of more than 5 years, incorporate a rent review provision. Longer leases will allow for a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-reviews-making-time-of-the-essence/
Can a landlord charge tenants for repairs where replacement may be more reasonable? The background In De Havilland Studios Ltd v Peries & another [2017], the landlord proposed undertaking repair...
https://www.jbleitch.co.uk/news-insights/case-law-comment/replacement-and-repair/
Whether a landlord can refuse consent where it perceives a risk of enfranchisement claim The background In Rotrust Nominees Ltd v Hautford Ltd [2018], the tenant was required by the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/request-for-consent-to-planning-permission-application/
When is a building ‘structurally detached’ for the purposes of an RTM claim? The background CQN RTM Co Ltd v Broad Quay North Block Freehold and another [2018] concerned a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-claims/