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Eastpoint Block A RTM Company Ltd v Otubaga: UTLC 29 Nov 2022

Landlord and Tenant – Breach of Covenant – Right To Manage – FTT Procedure – Whether RTM Company May Apply for Determination of breach of covenant under s.168(4), Commonhold and Leasehold Reform Act 2002 – appeal dismissed Citations: [2022] UKUT 319 (LC) Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 168(4) Jurisdiction: England and … Continue reading Eastpoint Block A RTM Company Ltd v Otubaga: UTLC 29 Nov 2022

Swanston Grange (Luton) Management Ltd v Langley-Essen: LT 12 Nov 2007

LT LANDLORD AND TENANT- Breach of covenant – Commonhold and Leasehold Reform Act 2002 s.168 – whether a breach has occurred – jurisdiction of leasehold valuation tribunal to consider whether landlord has waived the covenant (in the sense of being estopped from relying on its strict rights under the covenant) – whether landlord in fact … Continue reading Swanston Grange (Luton) Management Ltd v Langley-Essen: LT 12 Nov 2007

69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011

The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011

Glass Re 19 Snowdrop Street: LT 11 Jun 2008

LT LANDLORD AND TENANT – breach of covenant – whether a breach has occurred – covenant requiring notice of assignment – notice not given but landlord acquiring knowledge by other means – held breach had occurred – Commonhold and Leasehold Reform Act 2002 s 168. Citations: [2008] EWLands LRX – 153 – 2007 Links: Bailii … Continue reading Glass Re 19 Snowdrop Street: LT 11 Jun 2008

Roundlistic Ltd v Jones and Another: UTLC 7 Jul 2016

UTLC LANDLORD AND TENANT – alleged breach of covenant – Commonhold and Leasehold Reform Act 2002 Section 168 – construction of covenant – whether a breach had occurred – whether landlord had become estopped from relying upon the covenant or had waived the right to do so – whether covenant unenforceable as being an unfair … Continue reading Roundlistic Ltd v Jones and Another: UTLC 7 Jul 2016

Forest House Estates Ltd v Al-Harthi: UTLC 26 Sep 2013

UTLC LANDLORD AND TENANT – breach of covenant – whether a breach had occurred – LVT finding only no breach at date of inspection – held on admitted facts breach had occurred -Commonhold and Leasehold Reform Act 2002 s168 – appeal allowed [2013] UKUT 479 (LC) Bailii Commonhold and Leasehold Reform Act 2002 168 England … Continue reading Forest House Estates Ltd v Al-Harthi: UTLC 26 Sep 2013

Triplerose Ltd v Beattie and Another: UTLC 4 Jun 2020

Short term visitor sublets were breach of lease Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – section 168(4), Commonhold and … Continue reading Triplerose Ltd v Beattie and Another: UTLC 4 Jun 2020

Fairfield Rents Limited v Nemcova (London): FTTPC 26 Aug 2015

Application Under Section 168, of The Commonhold and Leasehold Reform Act 2002 Citations: [2015] UKFTT RP – LON – 00AK – Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Nemcova v Fairfield Rents Ltd UTLC 6-Sep-2016 Holiday lets were in breach of covenant UTLC LANDLORD AND TENANT – BREACH OF COVENANT – … Continue reading Fairfield Rents Limited v Nemcova (London): FTTPC 26 Aug 2015

Fivaz v Marlborough Knightsbridge Management Ltd (Landlord and Tenant – Breach of Covenant): UTLC 29 Apr 2020

LANDLORD AND TENANT – BREACH OF COVENANT – long residential lease- tenant covenant not to remove landlord’s fixtures without consent – whether breach of covenant when entrance door to flat replaced by tenant – whether entrance doors comprise landlord’s fixtures – appeal allowed – section 168(4) of the Commonhold and Leasehold Reform Act 2002 Citations: … Continue reading Fivaz v Marlborough Knightsbridge Management Ltd (Landlord and Tenant – Breach of Covenant): UTLC 29 Apr 2020

Glass v McCready: UTLC 16 Jul 2009

UTLC LANDLORD AND TENANT – alleged breach of covenant to insure – whether LVT has jurisdiction to consider an application under Commonhold and Leasehold Reform Act 2002 section 168(4) where unpaid insurance premium is less than andpound;500. Citations: [2009] UKUT 136 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 May 2022; … Continue reading Glass v McCready: UTLC 16 Jul 2009

Reiner and Another v Triplark Ltd: UTLC 6 Jan 2017

UTLC LANDLORD AND TENANT – covenants — Commonhold and Leasehold Reform Act 2002 s.168(4) — alleged breach of covenant against parting with possession without consent — completion of sale of flat by execution of transfer of registered underlease and payment of price — assignee not yet registered as proprietor at Land Registry — whether a … Continue reading Reiner and Another v Triplark Ltd: UTLC 6 Jan 2017

Chong v Dhami: UTLC 2 Aug 2016

UTLC LANDLORD AND TENANT – BREACH OF COVENANT- section 168 of the Commonhold and Leasehold Reform Act 2002 – whether breach proved- inconsistencies in decision of First-tier Tribunal- rehearing before Upper Tribunal- appeal dismissed [2016] UKUT 310 (LC) Bailii Commonhold and Leasehold Reform Act 2002 England and Wales Landlord and Tenant Updated: 23 January 2022; … Continue reading Chong v Dhami: UTLC 2 Aug 2016

Raja v Aviram: UTLC 23 Feb 2016

UTLC LANDLORD AND TENANT – BREACH OF COVENANT – covenant against cutting wall without landlord’s consent – holes cut by contractor to enable new boiler to be installed – relevance of tenant’s knowledge – relevance of landlord’s failure to provide contact address – section 168(4), Commonhold and Leasehold Reform Act 2002 – appeal allowed [2016] … Continue reading Raja v Aviram: UTLC 23 Feb 2016

Vine Housing Co-Operative Ltd v Smith: UTLC 15 Sep 2015

UTLC LANDLORD AND TENANT – Breach of Covenant – construction of terms of lease – whether ceasing to be a member constitutes a breach – whether a determination should be made under section 168 Commonhold and Leasehold Reform Act 2002 [2015] UKUT 501 (LC) Bailii England and Wales Landlord and Tenant Updated: 05 January 2022; … Continue reading Vine Housing Co-Operative Ltd v Smith: UTLC 15 Sep 2015

Barrett v Robinson: UTLC 29 Jul 2014

UTLC LANDLORD AND TENANT – administration charges – covenant to pay costs of proceedings – whether costs incurred ‘in or in contemplation of’ proceedings under s.146, Law of Property Act 1925 – Freeholders of 69 Marina v Oram considered – s.81, Housing Act 1996 – ss.167-169, Commonhold and Leasehold Reform Act 2002 – appeal allowed … Continue reading Barrett v Robinson: UTLC 29 Jul 2014

Bedford v Paragon Asra Housing Ltd (Landlord and Tenant – Breach of Covenant – Shared Ownership Lease): UTLC 28 Oct 2021

Shared ownership lease – unlawful sub-letting – application for determination of breach of covenant – defence of waiver by acceptance of rent with knowledge of breach – tenant applying to strike out proceedings – whether FTT wrong to refuse to strike out – s.168, Commonhold and Leasehold Reform Act 2002 – appeal dismissed [2021] UKUT … Continue reading Bedford v Paragon Asra Housing Ltd (Landlord and Tenant – Breach of Covenant – Shared Ownership Lease): UTLC 28 Oct 2021

Nemcova v Fairfield Rents Ltd: UTLC 6 Sep 2016

Holiday lets were in breach of covenant UTLC LANDLORD AND TENANT – BREACH OF COVENANT – long residential lease – application under section 168(2), Commonhold and Leasehold Reform Act 2003 – covenant not to use premises for any purpose other than as a private residence – whether broken when tenant advertised and granted short-term lettings … Continue reading Nemcova v Fairfield Rents Ltd: UTLC 6 Sep 2016

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