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Found 40 results.
Whether a service charge dispute could be determined by the First-tier Tribunal The background JLK Ltd v Emmanuel Chiedu Ezekwe and others [2017] concerned a building which had been converted...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-in-student-accommodation/
Where a landlord is to make a demand for service charge sums from a tenant, is the landlord’s demand validly served and sums payable where insufficient notice is given to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-obligation-of-landlord-to-give-notice-to-tenant-of-sums-to-be-demanded-h-stain-ltd-v-richmond-2021/
Where a landlord employed subcontractors to read electricity meters and manage billing processes for electricity at a residential block, was the landlord entitled under the terms of the lease to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-regulation-of-residential-service-charges-under-long-leases-impact-of-the-18-month-rule-no1-west-india-quay-residential-limited-v-east-tower-apartments-limited-2020/
During a service charge dispute, the First-tier Tribunal was asked to determine the reasonableness of service charges paid. On appeal, the Upper Tribunal considered whether the FTT was correct in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-the-burden-of-proof-in-demonstrating-reasonableness-of-service-charges-in-the-first-tier-tribunal-enterprise-home-developments-llp-v-adam-2020/
Variations to leases when the sums do not add up The background In Triplerose v Stride [2019], a house was divided into 4 flats, each let on long leases. Triplerose...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-variations-to-leases-when-the-sums-do-not-add-up/
A service charge dispute addressed a number of issues, including whether legal costs incurred by the proceedings were recoverable under the service charge paid by lessees. The background In Kensquare...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-legal-costs-were-recoverable-through-service-charge-kensquare-ltd-v-boakye-2020/
Where a landlord makes demands of an RTM Company rather than individual leaseholders, and where service charge demands do not meet statutory requirements, are service charges payable under the ’18...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-the-18-month-rule-applies-where-a-leaseholder-does-not-receive-a-valid-service-charge-demand-cookson-v-assethold-ltd-2020/
In a case where a defendant stated that he did not receive the proceedings purported to have been served on him, the High Court considered the issues which may arise...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-proceedings-problems-arising-from-service-of-notices-or-proceedings-at-large-or-multi-occupancy-developments-ivanchev-v-velli-2020/
Can a s.146 Notice be served before a right of re-entry has arisen? The background In Toms v Ruberry [2017], the leaseholder of a pub lease was engaged in a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-s146-notice/
Do not move too soon in forfeiture proceedings The background In Toms v Ruberry [2019], the leaseholder of a pub lease was engaged in a dispute with the freeholder. It...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-s146-notices-do-not-move-too-soon/
JB Leitch Introduce an Innovative Online Service for ID Verification With the disruption and delay brought to our lives by Covid-19, many of us have turned to online solutions to...
https://www.jbleitch.co.uk/news-insights/firm-news/service-that-is-on-time-online/
Whether use of a property for ‘Airbnb’ subletting breached terms of lease The background Bermondsey Exchange Freeholders Limited v Ninos Koumetto (as Trustee in Bankruptcy of Kevin Geoghehan Conway [2018]...
https://www.jbleitch.co.uk/news-insights/case-law-comment/short-term-letting/
Proper consideration and planning should be given when varying a lease Whether consents of the majority to vary a lease were to have been acquired when the application was issued....
https://www.jbleitch.co.uk/news-insights/case-law-comment/simon-v-st-mildreds-court-residents-association-ltd-2015/
Consent order prevents full recovery of costs The Background The landlord, Sinclair, took its tenant to County Court in respect of unpaid insurance rent and associated administration charges. The case...
https://www.jbleitch.co.uk/news-insights/case-law-comment/sinclair-gardens-investments-v-clemo-2015/
Redevelopment after enfranchisement Snowball was a nominee purchaser which served notice to acquire the freehold of Huntsmore House and its ‘additional premises’, being gardens, the driveway, parking spaces and a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/snowball-assets-v-huntsmore-house-freehold-2015/
Legal Director Phil Parkinson and Associate Katie Edwards offer succinct guidance on the issue of tenant insolvency, providing practical and direct answers to some of the most pressing and frequently...
https://www.jbleitch.co.uk/news-insights/blogs/solving-the-issues-of-tenant-insolvency/
Whether a fixture can be regarded as being in disrepair as a result of its modification The background Eighty Respondents to this appeal held long leases of flats on the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/southwark-lbc-v-lessees-of-the-st-saviours-estate-2017/
Whether a losing party is required to give effect to expert determination. The background In Coventry City Council v GK Investments Limited [2018], the parties were in dispute over an...
https://www.jbleitch.co.uk/news-insights/case-law-comment/specific-performance/
Background The claimant freeholder of a woodland naturist resort brought the case following its service of a notice to quit against its defendant tenants. The property concerned was a single-story...
https://www.jbleitch.co.uk/news-insights/case-law-comment/spielplatz-ltd-v-pearson-another-2015/
Is certification of service charge accounts vital in every case? Is it necessary for service charge sums to be certified by an accountant for them to become payable? The freehold...
https://www.jbleitch.co.uk/news-insights/case-law-comment/stephen-clacy-and-wendy-nunn-v-alexander-sanchez-and-others-2015/
What constitutes a landlord’s lack of repair? The background The Appellant occupied a Victorian-era property owned by the Respondent landlord under a 2009 tenancy. The Respondent covenanted to: “…keep in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/sternbaum-v-dhesi-2016/
Landlords and tenants should be aware of the risks The ease of booking accommodation online has led to a significant increase in recent years in the number of short-term lettings...
https://www.jbleitch.co.uk/news-insights/case-law-comment/subletting-why-short-term-lets-can-land-a-tenant-in-long-term-trouble/
Costs awarded in favour of client This article focuses on a successful appeal brought by JB Leitch Ltd, against a costs order awarded by the Court in favour of a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/successful-forfeiture-appeal-for-jb-leitch/
Whether modernisation works could be classed as repairs to a property The background The respondents occupied flats within a block which was managed by the appellant management company. The appellant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tedworth-north-management-ltd-v-miller-and-ogorodnov-2016/
When assessing premises for suitability of telecommunications apparatus installation, if a telecommunications provider is denied access can it obtain interim code rights to permit it to enter and undertake a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/telecommunications-interim-code-rights-rights-of-access-to-assess-suitability-for-telecommunications-installation-ee-ltd-and-another-v-london-underground-ltd-2021/
Practical knowledge of the property necessary Background The management company for this residential development paid rent to the landlord for the property’s gym and concierge office, along with a monthly...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-gateway-leeds-management-v-naghash-2015/
Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (“Rule 13”) is starting to bite in the FTT. The impact of Rule 13 has been handily summarised...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-impact-of-rule-13-at-the-first-tier-tribunal/
Appointment of an LPA Receiver Law of Property Act Receivers (“LPA Receivers”) are persons appointed to deal with property by those with an interest in it, such as a chargeholder,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-rights-of-lpa-receivers-over-rtm-properties/
Continued short-term lettings in breach of a lease The background In Ashley Gardens Freeholds Ltd v Landor [2017], the tenant had already been the subject of two Tribunal decisions; in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-risks-of-holiday-season/
Service charge apportionments between estate tenants The background The respondent tenant occupied a flat under a long lease at a low ground rent, granted by the appellant landlord. The property...
https://www.jbleitch.co.uk/news-insights/case-law-comment/thomas-homes-ltd-v-macgregor-2016/
Trainee Solicitor Victoria Bottomley looks at the increasingly prevalent subject of the conversion of commercial premises for residential use, providing insight into the key matters landlords should consider. In the...
https://www.jbleitch.co.uk/news-insights/blogs/time-to-convert/
In a case where there was an acknowledged interference with property, was the interference substantial enough to require an injunction and/or a substantial award of damages? The background In Clochfaen...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trespass-of-property-whether-a-trespass-of-property-was-substantial-enough-to-warrant-an-award-of-damages/
Can the First-Tier Tribunal consider an issue not raised by the parties? The background Southern Land Securities Limited v Poole [2017] concerned a claim by a landlord for the recovery...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tribunal-procedure/
Freeholder compensation during two-stage enfranchisement Freeholder not entitled to compensation in two-stage enfranchisement Each of eight residential flats at a property reserved a ground rent of £300 per annum. A...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trustees-of-the-alice-ellen-cooper-dean-charitable-foundation-v-greensleeves-owners-limited-2015/
The importance of clear drafting in documentation The background Jones & another v Oven & another [2017] concerned a Transfer between the claimants and the defendants’ predecessors in title. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/understanding-what-each-party-intended/
Elysian Fields Management Company Ltd -v- John and Patricia Nixon and Imperial Buildings Management Company Ltd -v- John Nixon [2015]: Upper Tribunal allows appeal in service charge payments claims. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-allows-appeal-in-service-charge-payments-claims/
Effective usage of reserve fund Caribax v Hinde House Management Company [2015]: Upper Tribunal decides in favour of tenants in service charge reserve fund dispute. Seven tenants of flats in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-decides-in-favour-of-tenants-in-service-charge-reserve-fund-dispute/
Whether the First-tier Tribunal had jurisdiction to dismiss a freeholder’s application to strike out a leaseholder’s claim The background In Marlborough Park Services Ltd v Leitner [2018], the parties were...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-upholds-appeal/
Does a service charge shortfall mean that service charge provisions are unsatisfactory? The background The Mayor and Burgesses of the London Borough of Camden v Morath [2019] concerned a 99-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/variation-of-residential-lease/
Tenant expelled from Co-Operative Respondent Smith was granted a weekly tenancy of a ground floor flat in London on several conditions: The Respondent was not to be the owner or...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vine-housing-co-operative-ltd-v-mark-smith-2015/
Page 9 of 20
Top 40 results.
Whether a service charge dispute could be determined by the First-tier Tribunal The background JLK Ltd v Emmanuel Chiedu Ezekwe and others [2017] concerned a building which had been converted...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-in-student-accommodation/
Where a landlord is to make a demand for service charge sums from a tenant, is the landlord’s demand validly served and sums payable where insufficient notice is given to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-obligation-of-landlord-to-give-notice-to-tenant-of-sums-to-be-demanded-h-stain-ltd-v-richmond-2021/
Where a landlord employed subcontractors to read electricity meters and manage billing processes for electricity at a residential block, was the landlord entitled under the terms of the lease to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-regulation-of-residential-service-charges-under-long-leases-impact-of-the-18-month-rule-no1-west-india-quay-residential-limited-v-east-tower-apartments-limited-2020/
During a service charge dispute, the First-tier Tribunal was asked to determine the reasonableness of service charges paid. On appeal, the Upper Tribunal considered whether the FTT was correct in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-the-burden-of-proof-in-demonstrating-reasonableness-of-service-charges-in-the-first-tier-tribunal-enterprise-home-developments-llp-v-adam-2020/
Variations to leases when the sums do not add up The background In Triplerose v Stride [2019], a house was divided into 4 flats, each let on long leases. Triplerose...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-variations-to-leases-when-the-sums-do-not-add-up/
A service charge dispute addressed a number of issues, including whether legal costs incurred by the proceedings were recoverable under the service charge paid by lessees. The background In Kensquare...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-legal-costs-were-recoverable-through-service-charge-kensquare-ltd-v-boakye-2020/
Where a landlord makes demands of an RTM Company rather than individual leaseholders, and where service charge demands do not meet statutory requirements, are service charges payable under the ’18...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-the-18-month-rule-applies-where-a-leaseholder-does-not-receive-a-valid-service-charge-demand-cookson-v-assethold-ltd-2020/
In a case where a defendant stated that he did not receive the proceedings purported to have been served on him, the High Court considered the issues which may arise...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-proceedings-problems-arising-from-service-of-notices-or-proceedings-at-large-or-multi-occupancy-developments-ivanchev-v-velli-2020/
Can a s.146 Notice be served before a right of re-entry has arisen? The background In Toms v Ruberry [2017], the leaseholder of a pub lease was engaged in a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-s146-notice/
Do not move too soon in forfeiture proceedings The background In Toms v Ruberry [2019], the leaseholder of a pub lease was engaged in a dispute with the freeholder. It...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-s146-notices-do-not-move-too-soon/
JB Leitch Introduce an Innovative Online Service for ID Verification With the disruption and delay brought to our lives by Covid-19, many of us have turned to online solutions to...
https://www.jbleitch.co.uk/news-insights/firm-news/service-that-is-on-time-online/
Whether use of a property for ‘Airbnb’ subletting breached terms of lease The background Bermondsey Exchange Freeholders Limited v Ninos Koumetto (as Trustee in Bankruptcy of Kevin Geoghehan Conway [2018]...
https://www.jbleitch.co.uk/news-insights/case-law-comment/short-term-letting/
Proper consideration and planning should be given when varying a lease Whether consents of the majority to vary a lease were to have been acquired when the application was issued....
https://www.jbleitch.co.uk/news-insights/case-law-comment/simon-v-st-mildreds-court-residents-association-ltd-2015/
Consent order prevents full recovery of costs The Background The landlord, Sinclair, took its tenant to County Court in respect of unpaid insurance rent and associated administration charges. The case...
https://www.jbleitch.co.uk/news-insights/case-law-comment/sinclair-gardens-investments-v-clemo-2015/
Redevelopment after enfranchisement Snowball was a nominee purchaser which served notice to acquire the freehold of Huntsmore House and its ‘additional premises’, being gardens, the driveway, parking spaces and a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/snowball-assets-v-huntsmore-house-freehold-2015/
Legal Director Phil Parkinson and Associate Katie Edwards offer succinct guidance on the issue of tenant insolvency, providing practical and direct answers to some of the most pressing and frequently...
https://www.jbleitch.co.uk/news-insights/blogs/solving-the-issues-of-tenant-insolvency/
Whether a fixture can be regarded as being in disrepair as a result of its modification The background Eighty Respondents to this appeal held long leases of flats on the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/southwark-lbc-v-lessees-of-the-st-saviours-estate-2017/
Whether a losing party is required to give effect to expert determination. The background In Coventry City Council v GK Investments Limited [2018], the parties were in dispute over an...
https://www.jbleitch.co.uk/news-insights/case-law-comment/specific-performance/
Background The claimant freeholder of a woodland naturist resort brought the case following its service of a notice to quit against its defendant tenants. The property concerned was a single-story...
https://www.jbleitch.co.uk/news-insights/case-law-comment/spielplatz-ltd-v-pearson-another-2015/
Is certification of service charge accounts vital in every case? Is it necessary for service charge sums to be certified by an accountant for them to become payable? The freehold...
https://www.jbleitch.co.uk/news-insights/case-law-comment/stephen-clacy-and-wendy-nunn-v-alexander-sanchez-and-others-2015/
What constitutes a landlord’s lack of repair? The background The Appellant occupied a Victorian-era property owned by the Respondent landlord under a 2009 tenancy. The Respondent covenanted to: “…keep in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/sternbaum-v-dhesi-2016/
Landlords and tenants should be aware of the risks The ease of booking accommodation online has led to a significant increase in recent years in the number of short-term lettings...
https://www.jbleitch.co.uk/news-insights/case-law-comment/subletting-why-short-term-lets-can-land-a-tenant-in-long-term-trouble/
Costs awarded in favour of client This article focuses on a successful appeal brought by JB Leitch Ltd, against a costs order awarded by the Court in favour of a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/successful-forfeiture-appeal-for-jb-leitch/
Whether modernisation works could be classed as repairs to a property The background The respondents occupied flats within a block which was managed by the appellant management company. The appellant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tedworth-north-management-ltd-v-miller-and-ogorodnov-2016/
When assessing premises for suitability of telecommunications apparatus installation, if a telecommunications provider is denied access can it obtain interim code rights to permit it to enter and undertake a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/telecommunications-interim-code-rights-rights-of-access-to-assess-suitability-for-telecommunications-installation-ee-ltd-and-another-v-london-underground-ltd-2021/
Practical knowledge of the property necessary Background The management company for this residential development paid rent to the landlord for the property’s gym and concierge office, along with a monthly...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-gateway-leeds-management-v-naghash-2015/
Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (“Rule 13”) is starting to bite in the FTT. The impact of Rule 13 has been handily summarised...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-impact-of-rule-13-at-the-first-tier-tribunal/
Appointment of an LPA Receiver Law of Property Act Receivers (“LPA Receivers”) are persons appointed to deal with property by those with an interest in it, such as a chargeholder,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-rights-of-lpa-receivers-over-rtm-properties/
Continued short-term lettings in breach of a lease The background In Ashley Gardens Freeholds Ltd v Landor [2017], the tenant had already been the subject of two Tribunal decisions; in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-risks-of-holiday-season/
Service charge apportionments between estate tenants The background The respondent tenant occupied a flat under a long lease at a low ground rent, granted by the appellant landlord. The property...
https://www.jbleitch.co.uk/news-insights/case-law-comment/thomas-homes-ltd-v-macgregor-2016/
Trainee Solicitor Victoria Bottomley looks at the increasingly prevalent subject of the conversion of commercial premises for residential use, providing insight into the key matters landlords should consider. In the...
https://www.jbleitch.co.uk/news-insights/blogs/time-to-convert/
In a case where there was an acknowledged interference with property, was the interference substantial enough to require an injunction and/or a substantial award of damages? The background In Clochfaen...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trespass-of-property-whether-a-trespass-of-property-was-substantial-enough-to-warrant-an-award-of-damages/
Can the First-Tier Tribunal consider an issue not raised by the parties? The background Southern Land Securities Limited v Poole [2017] concerned a claim by a landlord for the recovery...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tribunal-procedure/
Freeholder compensation during two-stage enfranchisement Freeholder not entitled to compensation in two-stage enfranchisement Each of eight residential flats at a property reserved a ground rent of £300 per annum. A...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trustees-of-the-alice-ellen-cooper-dean-charitable-foundation-v-greensleeves-owners-limited-2015/
The importance of clear drafting in documentation The background Jones & another v Oven & another [2017] concerned a Transfer between the claimants and the defendants’ predecessors in title. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/understanding-what-each-party-intended/
Elysian Fields Management Company Ltd -v- John and Patricia Nixon and Imperial Buildings Management Company Ltd -v- John Nixon [2015]: Upper Tribunal allows appeal in service charge payments claims. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-allows-appeal-in-service-charge-payments-claims/
Effective usage of reserve fund Caribax v Hinde House Management Company [2015]: Upper Tribunal decides in favour of tenants in service charge reserve fund dispute. Seven tenants of flats in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-decides-in-favour-of-tenants-in-service-charge-reserve-fund-dispute/
Whether the First-tier Tribunal had jurisdiction to dismiss a freeholder’s application to strike out a leaseholder’s claim The background In Marlborough Park Services Ltd v Leitner [2018], the parties were...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-upholds-appeal/
Does a service charge shortfall mean that service charge provisions are unsatisfactory? The background The Mayor and Burgesses of the London Borough of Camden v Morath [2019] concerned a 99-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/variation-of-residential-lease/
Tenant expelled from Co-Operative Respondent Smith was granted a weekly tenancy of a ground floor flat in London on several conditions: The Respondent was not to be the owner or...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vine-housing-co-operative-ltd-v-mark-smith-2015/
