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Found 40 results.
During a service charge dispute, the High Court considered a number of issues, notably whether the landlord’s apportionment of service charges had been made in accordance with the lease terms,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-apportionment-of-service-charges-between-tenants-is-solely-a-matter-for-a-landlord-criterion-buildings-ltd-v-mckinsey-and-company-inc-united-kingdom-and-another-2021/
Will mistakes made on a service charge demand invalidate the whole demand? The background In Price v Mattey [2021], the appellant was a long leaseholder of a flat in a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-mistakes-in-a-service-charge-demand-invalidate-that-demand-entirely-price-v-mattey-2021/
Where service charge accounts are uncertified as demanded by the lease provisions, are those charges still payable? The background In Powell & Co Investments Ltd v Aleksandrova and another [2021],...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-service-charges-were-payable-where-accounts-were-uncertified-powell-co-investments-ltd-v-aleksandrova-and-another-2021/
This latest Court of Appeal judgment updates our earlier report on the Upper Tribunal’s decision in this case, which can be found here. The Upper Tribunal had dismissed the landlord’s...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-appeal-considers-when-a-landlord-may-depart-from-statutory-service-charge-consultation-requirements-aster-communities-v-chapman-and-others-2021/
Updating our previous report on the Upper Tribunal’s decision in this case, the Court of Appeal has now considered the lessees’ appeal. The background To recap, in Chuan-Hui and others...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-appeal-to-consider-service-charge-payments-made-under-a-management-order-chuan-hui-and-others-v-k-group-holdings-inc-2019/
Where a management order is made in respect of a property and service charge arrears accrued whilst the order is in place, can the arrears be assigned to a maintenance...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-assessing-the-nature-of-service-charge-payments-made-under-a-management-order-chaun-hui-and-others-v-k-group-holdings-inc-2019/
Where a landlord demands service charges from leaseholders in apportionments that differ from those stated in the leases, are such sums payable by the leaseholders? The background Williams & Others...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-can-a-landlord-unilaterally-vary-stated-apportionments-of-service-charges-williams-others-v-aviva-investors-ground-rent-2020/
The Court of Appeal considers an appeal regarding procedure in the First-tier Tribunal and the FTT’s ability to review one of its own decisions following an application to appeal to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-civil-procedure-appeal-as-to-the-extent-of-the-first-tier-tribunals-powers-to-review-one-of-its-own-decisions-point-west-gr-ltd-v-rita-bassi-others-2020/
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/
Page 9 of 20
Top 40 results.
During a service charge dispute, the High Court considered a number of issues, notably whether the landlord’s apportionment of service charges had been made in accordance with the lease terms,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-apportionment-of-service-charges-between-tenants-is-solely-a-matter-for-a-landlord-criterion-buildings-ltd-v-mckinsey-and-company-inc-united-kingdom-and-another-2021/
Will mistakes made on a service charge demand invalidate the whole demand? The background In Price v Mattey [2021], the appellant was a long leaseholder of a flat in a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-mistakes-in-a-service-charge-demand-invalidate-that-demand-entirely-price-v-mattey-2021/
Where service charge accounts are uncertified as demanded by the lease provisions, are those charges still payable? The background In Powell & Co Investments Ltd v Aleksandrova and another [2021],...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-whether-service-charges-were-payable-where-accounts-were-uncertified-powell-co-investments-ltd-v-aleksandrova-and-another-2021/
This latest Court of Appeal judgment updates our earlier report on the Upper Tribunal’s decision in this case, which can be found here. The Upper Tribunal had dismissed the landlord’s...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-appeal-considers-when-a-landlord-may-depart-from-statutory-service-charge-consultation-requirements-aster-communities-v-chapman-and-others-2021/
Updating our previous report on the Upper Tribunal’s decision in this case, the Court of Appeal has now considered the lessees’ appeal. The background To recap, in Chuan-Hui and others...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-appeal-to-consider-service-charge-payments-made-under-a-management-order-chuan-hui-and-others-v-k-group-holdings-inc-2019/
Where a management order is made in respect of a property and service charge arrears accrued whilst the order is in place, can the arrears be assigned to a maintenance...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-assessing-the-nature-of-service-charge-payments-made-under-a-management-order-chaun-hui-and-others-v-k-group-holdings-inc-2019/
Where a landlord demands service charges from leaseholders in apportionments that differ from those stated in the leases, are such sums payable by the leaseholders? The background Williams & Others...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-can-a-landlord-unilaterally-vary-stated-apportionments-of-service-charges-williams-others-v-aviva-investors-ground-rent-2020/
The Court of Appeal considers an appeal regarding procedure in the First-tier Tribunal and the FTT’s ability to review one of its own decisions following an application to appeal to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-civil-procedure-appeal-as-to-the-extent-of-the-first-tier-tribunals-powers-to-review-one-of-its-own-decisions-point-west-gr-ltd-v-rita-bassi-others-2020/
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/
