UTLC LANDLORD AND TENANT – service charges – payment of accrued uncommitted service charges to RTM company – whether wrongly posted management charge correctly calculated by FTT – appeal allowed – s.94 Commonhold and Leasehold Reform Act 2002 [2016] UKUT 489 (LC) Bailii Commonhold and Leasehold Reform Act 2002 94 England and Wales Landlord and … Continue reading Gateway Property Holdings Ltd v Westwood (Colchester) Rtm Co Ltd: UTLC 3 Nov 2016
The Court considered whether it had jurisdiction to grant permission to appeal against a decision of the President of the Upper Tribunal (Lands Chamber) refusing permission to appeal to the UT against a decision of the Leasehold Valuation Tribunal. Section 175 of the 2002 Act provided that a party to proceedings before a LVT may … Continue reading The Wellcome Trust Ltd v 19-22 Onslow Gardens Freehold: CA 5 Jul 2012
Declaration As To A Breach of Covenant – Section 168, Commonhold and Leasehold Reform Act 2002 Citations: [2015] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 October 2022; Ref: scu.626944
Right To Manage – Commonhold and Leasehold Reform Act 2002 Citations: [2016] UKFTT RP – LON – 00AY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 October 2022; Ref: scu.624994
: 1 Declaration As To A Breach of Covenant – Section 168, Commonhold and Leasehold Reform Act 2002 2 Determin Citations: [2015] UKFTT RP – LON – 00AT – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 09 September 2022; Ref: scu.626943
UTLC LANDLORD AND TENANT – service charges – liability – acquisition by RTM company – service charges including contributions to reserves – whether tenant entitled to set off against service charges payable to RTM company amounts paid to landlord after the date of acquisition in respect of service charges for previous years – held she … Continue reading Wilson v Lesley Place (Maidstone) Ltd Rtm Company Ltd: UTLC 13 May 2010
Section 72(1)(a) of the 2002 Act 2002, which set out that the right to manage provisions applies to premises if ‘they consisted of a self-contained building or part of a building, with or without appurtenant property’, which did not require that the appurtenant property should appertain exclusively to the self-contained building which was the subject … Continue reading Gala Unity Ltd v Ariadne Road RTM Company Ltd: CA 23 Oct 2012
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
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, either because there were a number of flats, or because the lease included … Continue reading Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 2008
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
Daejan owned the freehold of a block of apartments, managing it through an agency. The tenants were members of a resident’s association. The landlord wished to carry out works, but failed to complete the consultation requirements. The court was . .
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