Citations: [2014] UKFTT RP – MAN – 00BR – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 03 July 2022; Ref: scu.629952
Citations: [2015] UKFTT RP – MAN – 30UD – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.626730
Breaches of Lease, Section 168 2002 Act Decisions Citations: [2015] UKFTT RP – MAN – 30UD – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.627072
Citations: [2015] UKFTT RP – MAN – 30UD – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627071
Citations: [2015] UKFTT RP – MAN – 30UD Links: Bailii, Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627074
Citations: [2015] UKFTT RP – CAM – 11UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627088
Citations: [2015] UKFTT RP – LON – 00AR – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.626997
Citations: [2015] UKFTT RP – MAN – 00CB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 04 April 2022; Ref: scu.626812
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Student lets – meaning of ‘flat’ in Commonhold and Leasehold Reform Act 2002, Part 2, Chap. 1 – meaning of ‘dwelling’ – whether terms on which dwelling let relevant – whether communal facilities in large block were shared living accommodation, such that studios not ‘occupied as a separate dwelling’. Citations: [2020] UKUT 197 (LC) Links: … Continue reading Q Studios (Stoke) RTM Co Ltd v Premier Grounds Rents No6 Ltd (Leasehold Enfranchisement – Right To Manage): UTLC 19 Jun 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
LANDLORD AND TENANT – Administration Charge – Commonhold and Leasehold Reform Act 2002 Section 158 and Schedule 11 – jurisdiction of Leasehold Valuation Tribunal – whether ‘payable’ in Schedule 11 means ‘due’ – whether absence of a formal demand from the landlord for payment (being a demand which complies with paragraph 4 of Schedule 11) … Continue reading Drewett and Another v Bold and Another: LT 4 May 2006
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
UTLC LANDLORD AND TENANT – administration charges – charges for consent to underletting – whether precluded if no provision for it in lease – held that it was not – reasonableness – jurisdiction to determine issues not raised by the application – held there was none – Landlord and Tenant Act 1925 s144 – Landlord … Continue reading Crosspite Ltd v Sachdev and Others: UTLC 25 Sep 2012
Landlord and Tenant – Right To Manage – requirements of section 79(6) of the Commonhold and Leasehold Reform Act 2002 – whether each landlord had been served with the claim notice – whether despite failure to serve on landlord there had been compliance with the statutory procedure Citations: [2019] UKUT 390 (LC) Links: Bailii Statutes: … Continue reading Lexham House RTM Company Ltd v European Investments and Development (Properties) Ltd: UTLC 17 Dec 2019
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
(Administration Charges) Successful challenge to landlord’s unreasonable administration charges. Citations: [2011] EWLVT CAM – LV – ADC – 00MG – 0 Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 Sch 11 Jurisdiction: England and Wales Landlord and Tenant Updated: 12 September 2022; Ref: scu.439992
: 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
Landlord’s Application Under S168, Commonhold and Leasehold Reform Act 2002 That A Breach of Covenant Has Occurred Citations: [2015] UKFTT RP – LON – 00AR – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 August 2022; Ref: scu.626995
SERVICE CHARGES -Costs before leasehold valuation tribunal – Whether payable under Lease – Effect of Paragraph 10(4) of Schedule 12 of Commonhold and Leasehold Reform Act 2002 – Unfair Terms in Consumer Contracts Regulations 1999 – jurisdiction of LVT’s – how it should be exercised – Significant imbalance in parties’ rights – Reasonableness of legal … Continue reading Canary Riverside Pte Ltd v Schilling and others: LT 16 Dec 2005
UTLC LANDLORD AND TENANT – service charges – proceedings transferred to LVT from county court – LVT remitting case to county court on basis that it had no jurisdiction – whether demand on which claim based was in respect of service charges – held that it was – held that LVT had jurisdiction – whether … Continue reading Staunton v Kaye and Another: UTLC 9 Aug 2010
LT LANDLORD AND TENANT – LVT procedure – Leasehold Valuation Tribunal (Procedure) (England) Regulations 2003 as amended Regulation 13 – Commonhold and Leasehold Reform Act 2002 Schedule 12 paragraph 10 – costs – whether a party to proceedings before an LVT acted ‘otherwise unreasonably’ under paragraph 10(2)(b) in exercising its right to request an oral … Continue reading Halliard Property Company Ltd v Belmont Hall and Elm Court RTM Company Ltd: LT 12 Dec 2008
LT LANDLORD AND TENANT – right to manage – whether part of a building a vertical division of the building – Commonhold and Leasehold Reform Act 2002 s 72. Citations: [2007] EWLands LRX – 138 – 2006 Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 72 Jurisdiction: England and Wales Landlord and Tenant Updated: … Continue reading London Rent Assessment Panel v Holding and Management (Solitaire) Ltd: LT 26 Oct 2007
LANDLORD AND TENANT – services charges – Section27A Landlord and Tenant Act 1985 as introduced by Section 155 Commonhold and Leasehold Reform Act 2002 which came into force on 30 September 2003 – the Commonhold and Leasehold Reform Act 2002 (Commencement No. 2 and Savings) England) Order 2003 – whether on an application made to … Continue reading Sinclair Gardens Investments (Kensington) Ltd v Wang and others: LT 7 Jul 2006
For the determination of the liability to pay an administration charge (Sch 11 Commonhold and Leasehold Reform Act 2002) Citations: [2018] UKFTT RP – LON – 00AG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 June 2022; Ref: scu.623564
Note: ‘In accordance with the well established principles of stare decisis the decisions of a higher court are binding on judges sitting in a lower court. This principle serves the interests of legal certainty: see Broome v. Cassell and Co [1972] AC 1027 at 1054. The needs of litigants and their advisers to know where … Continue reading Howard De Walden Estates Ltd and Another v Aggio and others; Earl Cadogan and others v 26 Cadogan Square Ltd: CA 24 May 2007
London : Reasonableness of and liability for administration charges under Schedule 11 of the Commonhold and Leasehold Reform Act 2002 Citations: [2017] UKFTT RP – LON – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627988
Commonhold and Leasehold Reform act 2002 – section 84 (3) Citations: [2015] UKFTT RP – MAN – 00CA – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627079
An Application under Chapter 1, Section 84(3) of the Commonhold and Leasehold Reform Act 2002 for a determination that on the relevant date, the Applicant was entitled to acquire the RTM the property. Citations: [2015] UKFTT RP – BIR – 00CN – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; … Continue reading 46-48 HWR RTM Limited Company Limited Eden House The Office Village Riverway Uckfield East Sussex TN22 1SL v Blue Property Investment (Uk) Limited (Midlands): FTTPC 9 Dec 2015
Application under chapter 1 Commonhold and leasehold reform act 2002 relating to (no fault) Right to Manage Citations: [2015] UKFTT RP – CHI – 24UF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627037
Landlord and Tenant – Right To Manage – whether a building ‘structurally detached’ and therefore self-contained – whether the right to manage acquired – Commonhold and Leasehold Reform Act 2002, s. 72 Citations: [2018] UKUT 183 (LC) Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 72 Jurisdiction: England and Wales Landlord and Tenant Updated: … Continue reading CQN RTM Co Ltd v Broad Quay North Block Freehold and Another: UTLC 31 Jul 2018
Landlord and Tenant Act 1985 – Section 27A(3) Commonhold and leasehold Reform Act 2002 Schedule 11 Paragraph 5 Citations: [2015] UKFTT RP – CHI – 24UL – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 06 April 2022; Ref: scu.626282
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
LANDLORD AND TENANT – right to manage – claim notice – validity – contents of claim notice – whether date specified for response too early – held that it was – whether notice inavalid as consequence – held that it was – appeal allowed – Commonhold and Leasehold Reform Act 2002, ss 79, 80 and … Continue reading Moskovitz and Others v 75 Worple Road RTM Company Ltd: UTLC 27 Oct 2010
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
FirstPort managed an estate of ten blocks of flats. The Second and other Respondents were leaseholders of flats in one of the blocks, ‘Settlers Court’, with rights to access the estate’s communal areas. FirstPort provided services on the estate, including maintenance of the communal areas, for which it was entitled to levy an estate service … Continue reading Firstport Property Services Ltd v Settlers Court RTM Company Ltd and Others: SC 12 Jan 2022
UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – whether counter-notice invalid -whether parts of building self-contained – shared water tanks, pumps and pipes – s. 72(3)(c) and s.84(2), Commonhold and Leasehold Reform Act 2002 – Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011- jurisdiction of LVT where no valid counter-notice served – … Continue reading St Stephens Mansions RTM Company Ltd and Another v Fairhold NW Ltd and Another: UTLC 4 Dec 2014
UTLC LANDLORD AND TENANT – service charges – Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 – right to manage – claim notice specifying ‘the premises’ – section 80(2) – effect of including land which could not be part of the claim – function of section 81(1) – interpretation of … Continue reading Miltonland Ltd v Platinum House (Harrow) RTM Co Ltd: UTLC 15 Jun 2015
UTLC LANDLORD AND TENANT – administration charges – costs of legal proceedings – whether recoverable under indemnity covenant – whether within s.11, Commonhold and Leasehold Reform Act 2002 – whether affected by paragraph 10(4) of Schedule 12 to Commonhold and Leasehold Reform Act 2002 – adequacy of leasehold valuation tribunal’s reasons – [2013] UKUT 586 … Continue reading Christoforou and Another v Standard Apartments Ltd: UTLC 17 Dec 2013
Landlord’s entitlement to costs arising from claim notice and in proceedings under section 84(3) of the Commonhold and Leasehold Reform Act 2002 Upper Tribunal Judge Elizabeth Cooke [2021] UKUT 295 (LC) Bailii England and Wales Landlord and Tenant Updated: 10 December 2021; Ref: scu.670300
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
UTLC LEASEHOLD ENFRANCHISEMENT – estate charges – estate management scheme – section 159, Commonhold and Leasehold Reform Act 2002 – whether jurisdiction to vary a variable estate charge – unopposed appeal – observations on power of review under section 9, Tribunals Courts and Enforcement Act 2007 – appeal allowed Martin Rodger QC, DP [2013] UKUT … Continue reading Scriven and Others v Calthorpe Estates and Others: UTLC 25 Sep 2013
UTLC LANDLORD AND TENANT – right to manage – articles of association of RTM company — whether a company without ‘RTM’ in its name can be an RTM company – Commonhold and Leasehold Reform Act 2002, s. 73 – RTM Companies (Model Articles) (England) Regulations 2009 – criteria for grant of permission to appeal – … Continue reading Fairhold Mercury Ltd v HQ (Block 1) Action Management Company Ltd: UTLC 3 Oct 2013
The Court considered the provisions for leasehold enfranchisement now that the residence requirement had been removed by the 2002 Act, and in particular the extent to which, at all, it had allowed enfranchisement to be available to commercial buildings. The properties raised two issues: (i) Were the buildings ‘designed or adapted for living in’? And … Continue reading Day and Another v Hosebay Ltd: SC 10 Oct 2012
The company appealed against a refusal to refund Stamp Duty Land Tax in respect of two land transactions. They claimed entitlement to full relief as an enfanchisement. The initial notices had been given by an incorrectly formed RTE company. Though the property had been purchased by a compliant company, the notices were said to remain … Continue reading Elizabeth Court (Bournemouth) Ltd v HM Revenue and Customs: ChD 16 Oct 2008
The House considered the basis of valuation on an acquisition of the freehold reversion of a lease under the 1967 Act of the three elements, the rent, vacant possession after the lease, and the marriage or hope value of the two interests when merged, and particularly the last. Held: In relation to a valuation under … Continue reading Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 2008
UTLC LANDLORD AND TENANT – administration charges – charge for consent to underletting – whether precluded by statute – held that it was not – whether precluded if no provision for it in lease – held that it was not – reasonableness – Landlord and Tenant Act 1927 s 19(1)(a) and(b) – appeals allowedIn the … Continue reading Holding and Management (Solitaire) Ltd v Norton: UTLC 5 Jan 2012
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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1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
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
Landlord and Tenant – Forfeiture – Covenant v Alteration of Elevation of Building – whether prohibition applicable only to front elevation – original window replaced by door giving access to flat roof – whether a breach of covenant – s.184(4), Commonhold and Leasehold Reform Act 2002 – appeal allowed Citations: [2018] UKUT 374 (LC) Links: … Continue reading Triplerose Ltd v Patel: UTLC 16 Nov 2018
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
Declaration As To A Breach of Covenant – Section 168, Commonhold and Leasehold Reform Act 2002 Citations: [2015] UKFTT RP – LON – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 27 November 2022; Ref: scu.626897
LT LEASEHOLD ENFRANCHISEMENT – right to manage – failure to serve notice on qualifying tenant before giving claim notice – whether claim notice invalid – Commonhold and Leasehold Reform Act 2002 sections 78 and 79 – held claim notice not invalid – appeal dismissed Citations: [2005] EWLands LRX – 52 – 2004 Links: Bailii Jurisdiction: … Continue reading Sinclair Gardens Investments (Kensington) Ltd v Oak Investments RTM Company Ltd: LT 1 Mar 2005
UTLC LANDLORD AND TENANT – right to manage – service of notice of intention to participate on qualifying tenant – definition of qualifying tenant – ‘long lease’ and shared ownership lease – interpretation of s76(2) Commonhold and Leasehold Reform Act 2002 Citations: [2013] UKUT 81 (LC) Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 … Continue reading Corscombe Close Block 8 Rtm Co Ltd v Roseleb Ltd: UTLC 21 Feb 2013
UTLC LANDLORD AND TENANT – costs – breach of covenant – LVT determining breach of covenant remedied – costs awarded against landlord – no limit specified – finding that proceedings not vexatious or abuse of process – appeal allowed – Commonhold and Leasehold Reform Act 2002 Sch 12 para 10 Citations: [2012] UKUT 419 (LC) … Continue reading Mercia Investment Properties Ltd v Northway: UTLC 20 Nov 2012
UTLC LANDLORD AND TENANT – right to manage – landlord’s costs – whether lawful for company providing services to landlord to charge for work done by in-house solicitor – held that it was – appeal allowed – Commonhold and Leasehold Reform Act 2002 s 88 Citations: [2012] UKUT 311 (LC) Links: Bailii Statutes: Commonhold and … Continue reading Fairhold Mercury Ltd v Merryfield RTM Company Ltd: UTLC 11 Sep 2012
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
An Application under section 27A and section 20C of the Landlord and Tenant Act 1985 and schedule 11 of the Commonhold and Leasehold Reform Act 2002. Citations: [2014] UKFTT RP – MAN – 00BU – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 October 2022; Ref: scu.629959
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
S168 Commonhold and Leasehold Reform Act 2002 Citations: [2015] UKFTT RP – LON – 00AJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 October 2022; Ref: scu.626837
Application in respect of Landlords costs under section 88 Commonhold and Leasehold Reform Act 2002 Citations: [2015] UKFTT RP – MAN – 00BY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 October 2022; Ref: scu.626869
Application In Relation To The Denial of The Right To Mmanage (Commonhold and Leasehold Reform Act 2002) Citations: [2015] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626950
For an order that the applicant entitled to acquire the right to manage the property (Section 84(3) Commonhold and Leasehold Reform Act 2002 Citations: [2015] UKFTT RP – CAM – 00KF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626857
Landlord and Tenant Act 1985 – S27A Commonhold and Leasehold Reform Act 2002 – Schedule 11 Paragraph 5 Citations: [2015] UKFTT RP – MAN – 00BY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 October 2022; Ref: scu.626895
Determination of Alleged Breaches of Covenant Under Section 168 of The Commonhold and Leasehold Reform Act 2002 Citations: [2015] UKFTT RP – LON – 00AG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 October 2022; Ref: scu.626889
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
The claimants sought the enfranchisement of their properties in London. The freeholder claimed the benefit of the resident landlord exemption. Held: To succeed in the defence the freeholder had to establish one continuous interest by ‘the same person’ from the time when the property was converted into flats until the time of the enfranchisement application. … Continue reading Slamon v Planchon: CA 25 Jun 2004
LANDLORD AND TENANT – right to manage – claim notice – validity – contents of claim notice – whether failure to provide correct address of RTM was an inaccuracy – held that it was not – whether particulars refers to subsections 80(4) and 80(8) or subsections 80(2) to 80(8) of the Commonhold and Leasehold Reform … Continue reading Assethold Ltd v 15 Yonge Park RTM Co Ltd: UTLC 27 Sep 2011
UTLC LANDLORD AND TENANT- services charges – proceedings transferred to LVT from county court by an order stating the specific question which was being transferred namely ‘determination of the reasonableness of sum charged for insurance’ – whether LVT had jurisdiction in absence of any separate application to it by the parties to decide wider issues … Continue reading Lennon v Ground Rents (Regisport) Ltd: UTLC 18 Aug 2011
Landlords application under S168 (4) Commonhold and Leasehold Reform Act 2002 that a breach of covenant has occurred Citations: [2015] UKFTT RP – LON – 00AR – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 31 August 2022; Ref: scu.626996
Landlords Application Under S168, Commonhold and Leasehold Reform Act 2002 That A Breach of Covenant Has Occurred Citations: [2015] UKFTT RP – LON – 00AR – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 27 August 2022; Ref: scu.626993
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
UTLC Leasehold enfranchisement – costs – initial notices – basis of assessment – costs of proceedings – unreasonable conduct – appeal allowed in part – section 33 Leasehold Reform, Housing and Urban Development Act 1993 – paragraph 10 Schedule 12 Commonhold and Leasehold Reform Act 2002 Citations: [2010] UKUT 81 (LC) Links: Bailii Jurisdiction: England … Continue reading Drax v Lawn Court Freehold Ltd: UTLC 24 Mar 2010
UTLC LANDLORD AND TENANT – right to manage – former institution in course of conversion – whether two-thirds of flats owned by qualifying tenants – numbers of flats – whether particular parts of buildings were flats – failure of LVT to address question – appeal allowed – case remitted – Commonhold and Leasehold Reform Act … Continue reading Stanhope Castle RTM Co Ltd, Re The Castle: UTLC 8 Feb 2010
SERVICE CHARGES – Certification – recoverability – validity of and costs relating to service of s.146 Notice – Appeal allowed in part – Commonhold and Leasehold Reform Act 2002 s.158 and Schedule11. Citations: [2006] EWLands LRX – 22 – 2005 Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 Jurisdiction: England and Wales Land Updated: … Continue reading Haveli Ltd v Glass: LT 16 Jan 2006
Application for the variation of a fixed administrative charge pursuant to schedule 11 paragraph 30 of the Commonhold and Leasehold Reform Act 2002 Citations: [2014] UKFTT RP – LON – 00BA – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 03 August 2022; Ref: scu.630311
Landlord and Tenant – Service Charges – Administration Charge – Contractual Liability – costs – paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 – reasonableness of administration charges Citations: [2021] UKUT 19 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 July 2022; Ref: scu.658044
Leasehold enfranchisement – costs – counter-notice under s.45(2)(b) of Leasehold Reform, Housing and Urban renewal Act 1993 – Notice withdrawn – Landlord’s costs of obtaining valuation not reasonably incurred. Citations: [2006] EWLands LRX – 08 – 2006 Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 175(2) Jurisdiction: England and Wales Landlord and Tenant Updated: … Continue reading Sinclair Gardens Investments Kensington Ltd v No Respondent: LT 16 Feb 2006
Application for An Determination That A Breach of Covenant Has Occurred (Commonhold and Leasehold Reform Act 2002 S168 Citations: [2015] UKFTT RP – LON – 00AH – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 24 July 2022; Ref: scu.626821
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
Application under Chapter 1 Commonhold and Leasehold Reform Act 2002 relating to (No Fault) Right to Manage) Citations: [2014] UKFTT RP – CHI – 00MR – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 July 2022; Ref: scu.630050
LT SERVICE CHARGES – administration charge – payment in respect of breach of covenant – whether charge made not payable by reason of failure of landlord to accompany demand with summary of tenant’s rights – whether admission by tenant that charge payable – whether admission as to amount – reasonableness of amount – Commonhold and … Continue reading Martinvale Developments Ltd, Re: 119 Berryfield Road: LT 30 Jun 2005
The issue on this appeal is whether Cheerupmate2 Ltd (‘the landlord’) has validly forfeited a long lease held by Mr Calce (‘the tenant’) by peaceable re-entry. Citations: [2018] EWCA Civ 2230 Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 166 167 Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.625955
For an order that the applicant is entitled to the right to manage the property (section 84 (3) commonhold and leasehold reform act 2002 Citations: [2015] UKFTT RP – CAM – 22UG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627131
Section 84 Commonhold and Leasehold reform act 2002 – determination that the applicant has acquired the right to manage Citations: [2015] UKFTT RP – CAM – 42UD – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627070
LANDLORD AND TENANT – right to manage – claim notice – validity – references to 2003 rather than 2010 Regulations – whether ‘inaccuracies’ – held that they were – signature – whether to be by member of officer of company – held that it need not be – other claimed defects in notice rejected Commonhold … Continue reading Assethold Ltd v 14 Stansfield Road Rtm Company Ltd: UTLC 30 Jul 2012
LANDLORD AND TENANT – right to manage – buildings forming part only of an estate – flats with rights in common over parts of estate – appurtenant property – whether RTM company entitled to manage such parts – Commonhold and Leasehold Reform Act 2002 ss 79, 80, 96 and 97 – appeal dismissed Citations: [2011] … Continue reading Gala Unity Ltd v Ariadne Road Rtm Company Ltd: UTLC 25 Oct 2011
UTLC LANDLORD AND TENANT – Administration Charges – charge made by landlord for entering into a deed varying the lease so as to remove perceived defects therein – whether such charge an Administration Charge – Commonhold and Leasehold Reform Act 2002 Schedule 11. Citations: [2009] UKUT 119 (LC) Links: Bailii Statutes: Commonhold and Leasehold Reform … Continue reading Mehson Property Co Ltd v Pellegrino: UTLC 1 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
LANDLORD AND TENANT – right to manage – time of application of claim for right to Manage – notice of invitation to participate prior to making claim – appeal allowed – Commonhold and Leasehold Reform Act 2002 ss71-80, 84. Citations: [2011] UKUT 349 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 … Continue reading Gateway Property Holdings Ltd v 6-10 Montrose Gardens Rtm Company Ltd: UTLC 8 Sep 2011
Leasehold Disputes (Management) – Breach of Lease/Forfeiture Citations: [2019] UKFTT RP – CHI – 29UC -, [2019] UKFTT RP – HI – 29UC – Links: Bailii, Bailii Statutes: Commonhold and Leasehold Reform Act 2002 168 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 May 2022; Ref: scu.644515
UTLC LANDLORD AND TENANT – Right to Manage – whether a single RTM company can exercise the right in respect of more than one set of premises – whether separate claim notices are required – whether qualifying conditions in section 72 of the Commonhold and Leasehold Reform Act 2002 must be met in respect of … Continue reading Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd: UTLC 28 Nov 2013
Landlord and tenant – forfeiture – long lease – ground rent – sections 166 and 167 Commonhold and Leasehold Reform Act 2002. Citations: [2017] UKUT 377 (TCC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 March 2022; Ref: scu.595603
