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Eshraghi and Others v 7/9 Avenue Road (London House) Ltd (Landlord and Tenant – Service Charges): UTLC 2 Jul 2020

LANDLORD AND TENANT – SERVICE CHARGES – jurisdiction of FTT to consider payability of sums drawn from reserve account – whether justiciable only in court proceedings because involving an allegation of breach of trust – recoverability of costs incurred in proceedings over control of corporate landlord and in disputes between landlord and individual leaseholders – … Continue reading Eshraghi and Others v 7/9 Avenue Road (London House) Ltd (Landlord and Tenant – Service Charges): UTLC 2 Jul 2020

Enterprise Home Developments Llp v Adam (Landlord and Tenant – Service Charges): UTLC 12 May 2020

LANDLORD AND TENANT – SERVICE CHARGES – paper determination of service charge dispute by FTT – service charges disallowed due to insufficiency of evidence – whether procedure fair to unrepresented parties – appeal allowed and charges re-determined Citations: [2020] UKUT 151 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 09 December 2022; … Continue reading Enterprise Home Developments Llp v Adam (Landlord and Tenant – Service Charges): UTLC 12 May 2020

NO1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (Landlord and Tenant – Service Charges): UTLC 26 May 2020

LANDLORD AND TENANT – SERVICE CHARGES – effect of agreement that charges not recoverable – whether agreement binding only for period under consideration by FTT – whether charges incorrectly included in demands for utilities costs were prevented by s.20B(1), Landlord and Tenant Act 1985 subsequently from being recovered as service charges – calculation of unit … Continue reading NO1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (Landlord and Tenant – Service Charges): UTLC 26 May 2020

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

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

Octagon Overseas Ltd and Others v Circus Apartments Ltd (Landlord and Tenant: UTLC 17 Nov 2022

FTT Procedure – Application To Exclude Documents From Evidence – Whether Text Message A ‘Without prejudice’ communication – whether any relevant dispute existed – whether privilege being abused to conceal ‘unambiguous impropriety’ – appeal dismissed Judges: Martin Rodger KC, Deputy Chamber President Citations: [2022] UKUT 302 (LC) Links: Bailii Jurisdiction: England and Wales Land, Litigation … Continue reading Octagon Overseas Ltd and Others v Circus Apartments Ltd (Landlord and Tenant: UTLC 17 Nov 2022

Sadd v Brown (Landlord and Tenant : Service Charges): UTLC 5 Jan 2013

UTLC LANDLORD AND TENANT – service charges – whether LVT decision on a point not raised with the parties unfair – landlord covenant to insure – whether implied term the insurance premium recoverable from the tenant as a service charge – appeal dismissed Citations: [2012] UKUT 438 (LC) Links: Bailii Jurisdiction: England and Wales Landlord … Continue reading Sadd v Brown (Landlord and Tenant : Service Charges): UTLC 5 Jan 2013

Maureen Ngozi Obi-Ezekpazu v Avon Ground Rents Ltd (Landlord and Tenant – Administration Charges): UTLC 10 May 2022

LANDLORD AND TENANT – ADMINISTRATION CHARGES – address for service of notice requiring payment of ground rent – tenant’s address known to landlord but not to its successor – whether knowledge of address to be imputed to successor – notice served by post – whether required to be addressed to tenant at subject property – … Continue reading Maureen Ngozi Obi-Ezekpazu v Avon Ground Rents Ltd (Landlord and Tenant – Administration Charges): UTLC 10 May 2022

Assethold Ltd 110 Boulevard Rtm Company Ltd (Landlord and Tenant – Right To Manage): UTLC 27 Jul 2017

UTLC LANDLORD AND TENANT – right to manage – service of copy claim notice under s79(8) by email – whether valid – held valid – alternatively (if not) not fatal to subsequent steps taken by the RTM Company – appeal dismissed. Citations: [2017] UKUT 316 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant … Continue reading Assethold Ltd 110 Boulevard Rtm Company Ltd (Landlord and Tenant – Right To Manage): UTLC 27 Jul 2017

Hill v Helix Housing Association, Re 45B Knighton Park Road (Landlord and Tenant – Rent Determination – Fair Rent): UTLC 7 Jun 2017

UTLC LANDLORD AND TENANT – Rent determination – fair rent – application of Rent Acts (Maximum Fair Rent) Order 1999 – power of First-tier Tribunal to review its own decisions – whether mistaken understanding of relevant facts a permissible ground of appeal – appeal allowed by consent – whether to remit for further consideration Citations: … Continue reading Hill v Helix Housing Association, Re 45B Knighton Park Road (Landlord and Tenant – Rent Determination – Fair Rent): UTLC 7 Jun 2017

The Kingsbridge Pension Fund Trust v Downs, Re: Milstead Farm (Landlord and Tenant – Agricultural Holdings Act 1986): UTLC 6 Jun 2017

Landlord and tenant – Agricultural Holdings Act 1986 – right to succession on retirement of tenant – eligibility dependent on nominated successor deriving principal livelihood from the holding for five years ‘in the last seven years’ – whether this ‘livelihood condition’ must be satisfied for the seven year period prior to the Tribunal’s determination of … Continue reading The Kingsbridge Pension Fund Trust v Downs, Re: Milstead Farm (Landlord and Tenant – Agricultural Holdings Act 1986): UTLC 6 Jun 2017

Bucklitsch v Merchant Exchange Management Company Ltd (Landlord and Tenant : Service Charges): UTLC 14 Dec 2016

UTLC LANDLORD AND TENANT – service charges – Condition precedent to the lessee’s liability — whether lessee prevented by estoppel by convention or waiver from relying upon the condition precedent Citations: [2016] UKUT 527 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 29 January 2022; Ref: scu.573881

Kyriacou v Linden (Landlord and Tenant – Breach of Covenant): UTLC 18 Nov 2021

covenant requiring leaseholder to insure in joint names with landlord – whether covenant breached – costs – whether landlord behaved unreasonably in conducting proceedings – appeal allowed – decision re-made Martin Rodger QC, Deputy Chamber President [2021] UKUT 288 (LC) Bailii England and Wales Landlord and Tenant Updated: 31 December 2021; Ref: scu.670302

Collingwood v Carillon House Eastbourne Ltd (Landlord and Tenant – Service Charges – Consultation Requirements): UTLC 4 Oct 2021

LANDLORD AND TENANT – SERVICE CHARGES – consultation requirements – irrelevance of absence of prejudice to the tenants where there is no application for a dispensation – charges for the running of the landlord as a limited company not within the tenant’s covenants in the lease [2021] UKUT 246 (LC) Bailii England and Wales Landlord … Continue reading Collingwood v Carillon House Eastbourne Ltd (Landlord and Tenant – Service Charges – Consultation Requirements): UTLC 4 Oct 2021

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

Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

Howard and others v Kinvena Homes Ltd: CA 27 Jun 1999

An owner of a park for mobile homes increased the rent to allow for loss of profits after the home owners began to buy their liquid gas from other sources. He showed that profits from such sales were part of the normal profit structure of such parks and factored into the rents. Held: The site … Continue reading Howard and others v Kinvena Homes Ltd: CA 27 Jun 1999

Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises’. Held: Judge Marshall said … Continue reading Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

Cadogan v Panagopoulos and Another: ChD 15 Mar 2010

‘This case concerns the proper interpretation of certain provisions of that [1993 Act] regime when after a claim to collective enfranchisement has been made and registered, the freeholder grants a 999 year lease of a part of the premises. In a thorough and thoughtful judgment in the Central London County Court, HH Judge Marshall QC … Continue reading Cadogan v Panagopoulos and Another: ChD 15 Mar 2010

Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

The Court dismissed an appeal from a decision to dispense with notice under the section. A notice to quit had been served and a summons for possession issued with an appendix containing details of the allegations of breach of the tenancy agreement and nuisance.Only much later was an application was made to dismiss the proceedings … Continue reading Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee: CA 9 Aug 1995

The rent assessment committee had rejected market rent comparables as an indicator of market rent for the subject premises, because, inter alia, they were not satisfied of the actual absence of scarcity, and thus found that the landlord had not demonstrated the unsoundness of registered fair rent comparables. Held: The decision was upheld. A fair … Continue reading Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee: CA 9 Aug 1995

Point West Gr Ltd v Bassi and Others: CA 24 Jun 2020

The background to this appeal is a dispute about service charges; but the main issue is procedural. Its principal focus is the power of the First Tier Tribunal (‘the FTT’) to review one of its decisions, following an application for permission to appeal to the Upper Tribunal (‘the UT’). Citations: [2020] EWCA Civ 795 Links: … Continue reading Point West Gr Ltd v Bassi and Others: CA 24 Jun 2020

Reichman and Another v Beveridge: CA 13 Dec 2006

The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant. Held: The defendant’s appeal against a ruling that a landlord was under … Continue reading Reichman and Another v Beveridge: CA 13 Dec 2006

Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006

The defendant had taken assignments of the term of two underleases from the claimant, and then re-assigned them to a limited company with guarantors of the rent, and they in turn re-assigned the leases. The last company became insolvent. The landlord and the claimants and receivers agreed to look for a further assignee and therefore … Continue reading Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006

Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995

The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, … Continue reading Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995

Windsor-Clive and Others v Rees and Another: ChD 18 Apr 2019

Claim for injunction to prevent interference with certain claimed rights over land. Held: Some of the activities that the landlord proposed to carry out were permitted under the terms of the tenancy agreements; but others were not. Judges: Keyser QC HHJ Citations: [2019] EWHC 1008 (Ch), [2019] 4 WLR 74, [2019] WLR(D) 270 Links: Bailii, … Continue reading Windsor-Clive and Others v Rees and Another: ChD 18 Apr 2019

Iqbal v Mansoor and Others: QBD 26 Aug 2011

The claimant sought the disapplication of the limitation period in order to pursue the defendant solicitors, his former employers, in defamation. Judges: Parkes QC J Citations: [2011] EWHC 2261 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Iqbal v Dean Manson Solicitors CA 15-Feb-2011 The claimant sought protection under the Act from … Continue reading Iqbal v Mansoor and Others: QBD 26 Aug 2011

Martin and Another v Maryland Estates Ltd: CA 26 Apr 1999

Questions as to statutory provisions about service charges contained in sections 18 and following of the Landlord and Tenant Act 1985. Citations: [1999] EWCA Civ 3049, [1999] L and TR 541, [1999] 2 EGLR 53, (2000) 32 HLR 116, [1999] 26 EG 151, [1999] EG 63 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant … Continue reading Martin and Another v Maryland Estates Ltd: CA 26 Apr 1999

Landmaster Properties Limited v Thackeray Property Services Limited: 2003

The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease. Held: Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed … Continue reading Landmaster Properties Limited v Thackeray Property Services Limited: 2003

Johnston and Sons Ltd v Holland: CA 1988

The test for whether there had been a derogation from a grant was whether there had been a substantial deprivation of benefit, rather than a total deprivation. The principle of non-derogation from grant is ‘not based on some ancient technicality of real property. As Younger LJ observed in Harmer v Jumbil (Nigeria) Tin Areas Ltd … Continue reading Johnston and Sons Ltd v Holland: CA 1988