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Point Curlew Tenants Association v Francis (Landlord and Tenant – Service Charges): UTLC 21 Apr 2020

Costs – section 20C Landlord and Tenant Act 1985 – whether costs of managing agents were incurred in connection with proceedings before FTT – if so, whether FTT in subsequent decision correct to allow those costs as relevant costs because they were reasonable in amount and would have been incurred regardless of proceedings – appeal … Continue reading Point Curlew Tenants Association v Francis (Landlord and Tenant – Service Charges): UTLC 21 Apr 2020

Kullar and Another v Kingsoak Homes Ltd: UTLC 26 Feb 2013

UTLC LANDLORD AND TENANT – service charges – whether costs reasonably incurred – appeal and cross appeal as to whether LVT wrongly failed to have regard to relevant matters – proper construction of service charge provision as to recovery of managing agents fees – whether LVT unfairly took a decision on grounds never raised before … Continue reading Kullar and Another v Kingsoak Homes Ltd: UTLC 26 Feb 2013

Mihovilovic and Another v Leicester City Council: UTLC 28 Jan 2010

Landlord and Tenant – service charges – landlord self-insuring – whether cost could be included in service charge – held it could not – qualifying works – disaggregation – date of agreement – held LVT erred procedurally in considering these – appeal allowed – section 20C order made – case remitted – Landlord and Tenant … Continue reading Mihovilovic and Another v Leicester City Council: UTLC 28 Jan 2010

Tenants of Langford Court v Doren Ltd: LT 31 Mar 2001

Landlord and Tenant Act 1985 s.20C – Order to disregard litigation costs as relevant costs for service charge – Does not follow event of litigation – ‘just and equitable’ criterion – Procedure on appeal from LVT under Landlord and Tenant Act 1985 s. 31A – Rehearing discretionary Citations: [2001] EWLands LRX – 37 – 2000 … Continue reading Tenants of Langford Court v Doren Ltd: LT 31 Mar 2001

Parsons (Acting In Person) v Fairfield Rents Ltd (Eastern): FTTPC 15 Dec 2014

Application for an order that all or any of the costs incurred by the landlord in connection with proceedings under Case Reference CAM/33UF/LSC/2014/0. Held: The Tribunal declines to make the order in relation to section 20C of the LTA 1985 due to want of jurisdiction. Citations: [2014] UKFTT RP – CAM – 33UF – Links: … Continue reading Parsons (Acting In Person) v Fairfield Rents Ltd (Eastern): FTTPC 15 Dec 2014

Urban Splash Work Ltd v Ridgway and Another: UTLC 1 Mar 2018

LANDLORD AND TENANT – Service Charges – Leaseholder’s application for determination of charges due in specified years – quantification of charges – whether liability to pay service charge conditional on certification – leaseholder’s liability to pay administration charges – leaseholder’s liability for costs of proceedings – sections 20C and 27A, Landlord and Tenant Act 1985 … Continue reading Urban Splash Work Ltd v Ridgway and Another: UTLC 1 Mar 2018

Conway and Others v Jam Factory Freehold Ltd: UTLC 10 Dec 2013

UTLC LANDLORD AND TENANT – service charges – whether landlord’s costs of leaseholders’ unsuccessful application to appoint manager recoverable as service charge – section 24, Landlord and Tenant Act 1987 – whether costs of leaseholders’ application to determine service charges recoverable as service charge – section 20C, Landlord and Tenant Act 1985 – whether LVT … Continue reading Conway and Others v Jam Factory Freehold Ltd: UTLC 10 Dec 2013

Peverel Om Ltd Mackenzie and Others: UTLC 12 May 2010

LANDLORD AND TENANT – service charges – whether cost of roof works not reasonably incurred because management company owed a duty to recover the cost from builder/landlord who let the premises – no duty of care arose – Landlord and Tenant Act 1985 ss. 19 and 20C. Citations: [2010] UKUT 137 (LC) Links: Bailii Jurisdiction: … Continue reading Peverel Om Ltd Mackenzie and Others: UTLC 12 May 2010

Rotenberg and Others v Point West Gr Ltd: UTLC 28 Feb 2019

Landlord and Tenant – Service Charges – application to which 399 leaseholders were named as respondents – 277 members of leaseholders’ association represented by one firm of solicitors – application under section 20C, Landlord and Tenant Act 1985 in respect of part of proceedings in which leaseholders were substantially successful – relevance of suggested uncertainty … Continue reading Rotenberg and Others v Point West Gr Ltd: UTLC 28 Feb 2019

Newman v Birch-Phaur and Another: UTLC 11 Feb 2022

Landlord and Tenant – Ftt Procedure – order made under paragraph 20C of the Landlord and Tenant Act 1985 without giving the landlord the opportunity to make representations – procedural unfairness – appeal succeeds and matter remitted to the First-tier Tribunal Citations: [2022] UKUT 36 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1985 Jurisdiction: … Continue reading Newman v Birch-Phaur and Another: UTLC 11 Feb 2022

Primeview Developments Ltd v Ahmed and Others: UTLC 7 Mar 2017

LANDLORD AND TENANT – service charges – administration charges – costs orders under rule 13, Property Chamber Rules 2013 and s.20C, Landlord and Tenant Act 1985 – appellant successful in majority of issues – whether appellant’s conduct unreasonable – whether just and equitable to make a section 20C order -whether appellant unreasonable to refuse mediation … Continue reading Primeview Developments Ltd v Ahmed and Others: UTLC 7 Mar 2017

Malone, Malone, Goldstein v Bircham and Co Nominees (No 2) Ltd, Stowell, Visortuning Ltd: ChD 19 Dec 2003

Houseowners around a square had variously enfranchised their properties, but were now in dispute as to the management of the communal garden. Held: Though the company was unable to recover the legal costs in the absence of an express power, they had otherwise acted properly. Mr Justice Collins [2003] EWHC 3173 (Ch) Bailii Landlord and … Continue reading Malone, Malone, Goldstein v Bircham and Co Nominees (No 2) Ltd, Stowell, Visortuning Ltd: ChD 19 Dec 2003

Sussex Villas Ltd v Wan and Another: UTLC 28 Jan 2014

UTLC LANDLORD AND TENANT – service charges – interpretation of lease – reserve fund – costs of proceedings – LVT misled by mistaken consensus – s.20C Landlord and Tenant Act 1985 – appeal allowed Martin Rodger QC, Deputy President [2014] UKUT 29 (LC) Bailii Landlord and Tenant Act 1985 20C England and Wales Landlord and … Continue reading Sussex Villas Ltd v Wan and Another: UTLC 28 Jan 2014

SCMLLA (Freehold) Ltd Re Cleveland Mansions, and Southwold Mansions: UTLC 11 Feb 2014

UTLC LANDLORD AND TENANT – service charges – costs – section 20C, Landlord and Tenant Act 1985 – jurisdiction to make an order in favour of tenants not identified in application – failure to give notice of application to respondent – waiver of procedural irregularity – appeal allowed Martin Rodger QC, Deputy President [2014] UKUT … Continue reading SCMLLA (Freehold) Ltd Re Cleveland Mansions, and Southwold Mansions: UTLC 11 Feb 2014

Troybest (Holdings) Ltd, Re an Appeal Against A Decision of the Birmingham Leasehold Valuation Tribunal: LT 20 Oct 2004

LT SERVICE CHARGES – reasonableness – professional fees – whether capable of inclusion in service charge under terms of lease – Landlord and Tenant Act 1985 section 20C – LVT costs disallowed – appeal dismissed Citations: [2004] EWLands LRX – 61 – 2003 Links: Bailii Statutes: Landlord and Tenant Act 1985 20C Jurisdiction: England and … Continue reading Troybest (Holdings) Ltd, Re an Appeal Against A Decision of the Birmingham Leasehold Valuation Tribunal: LT 20 Oct 2004

Johnson v County Bideford Ltd: UTLC 17 Dec 2012

UTLC LANDLORD AND TENANT – service charges – invalid demand because name of landlord not given – whether made valid for purposes of operation of section 20B by later valid demand – section 20C decision – whether reasons adequate – whether discretion properly exercised – appeal and cross-appeal dismissed – Landlord and Tenant Act 1985 … Continue reading Johnson v County Bideford Ltd: UTLC 17 Dec 2012

Hackney v Akhondi: UTLC 10 Dec 2012

UTLC LANDLORD AND TENANT – service charges – whether costs of major works and administration charge reasonable and/or reasonably incurred – apportionment – consultation arrangements – capital works programme in accordance with PPC 2000 Contracting Arrangements – s. 20C order – Landlord and Tenant Act 1985 sections 19(1), 20 and 27A – appeal allowed Citations: … Continue reading Hackney v Akhondi: UTLC 10 Dec 2012

The Church Commissioners v Derdabi, Re The Quadrangle Tower: UTLC 27 Sep 2011

LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s20C – order to disregard litigation costs as relevant costs for service charge – relevance of outcome of proceedings – ‘just and equitable’ criterion Citations: [2010] UKUT 380 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 September 2022; Ref: … Continue reading The Church Commissioners v Derdabi, Re The Quadrangle Tower: UTLC 27 Sep 2011

Modi, Re 5 Brentview House: UTLC 5 Oct 2010

UTLC LANDLORD AND TENANT – service charges – payments on account – use of a reserve fund – loans to service charge account by landlord – legal fees- cost of paying insurance premium by instalments – management charges – ss 20B and 20C Landlord and Tenant Act 1985 – appeal allowed in part Citations: [2010] … Continue reading Modi, Re 5 Brentview House: UTLC 5 Oct 2010

Barrington Court Developments Ltd v Barrington Court Residents Association: LT 9 May 2001

COSTS – Proceedings before Leasehold Valuation Tribunal as to reasonableness of service charge – Tribunal refuses to order that costs incurred by landlord in connection with those proceedings not to be taken into account in determining amount of service charge – Tenants refused leave to appeal – Landlords apply for costs incurred in responding to … Continue reading Barrington Court Developments Ltd v Barrington Court Residents Association: LT 9 May 2001

Dougall v Barrier Point RTM Company Ltd: UTLC 16 May 2017

UTLC LANDLORD AND TENANT – SERVICE CHARGES – compliance with statutory requirements as to contents of demands – entitlement of RTM company to recover charges – entitlement to recover costs of previous proceedings as costs of ‘other services’ – procedural unfairness and inappropriate reliance on history of non-payment as grounds for order for payment of … Continue reading Dougall v Barrier Point RTM Company Ltd: UTLC 16 May 2017

Firstport Property Services Ltd v Ahmet: UTLC 21 Feb 2017

LANDLORD AND TENANT – service charges – lessee’s obligation to pay proportion of estate costs by reference to formula – whether lessee’s proportion should be calculated by reference to 13 dwellings built on land sold to another developer as well as the 218 dwellings built on the retained land, both sites together constituting a single … Continue reading Firstport Property Services Ltd v Ahmet: UTLC 21 Feb 2017

Bretby Hall Management Company Ltd v Pratt: UTLC 17 Feb 2017

LANDLORD AND TENANT – service charge – whether any evidence to justify finding that window cleaning for 2009 and 2010 and gardening for 2009 were subject to a QLTA – whether costs of defending separate threatened county court proceedings were recoverable under the lease – whether the Ft-T justified in rejecting claim – whether such … Continue reading Bretby Hall Management Company Ltd v Pratt: UTLC 17 Feb 2017

Caribax Ltd v Hinde House Management Company Ltd: UTLC 4 Jun 2015

UTLC LANDLORD AND TENANT – service charges – section 27A Landlord and Tenant Act 1985 – construction of provisions of lease – landlord fails to establish specially designated trust fund as required by lease – whether landlord obliged to pay for repairs from reserve fund – tenants’ appeal allowed – whether order under section 20C … Continue reading Caribax Ltd v Hinde House Management Company Ltd: UTLC 4 Jun 2015