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Halliard Property Company Ltd v Belmont Hall and Elm Court RTM Company Ltd: LT 12 Dec 2008

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

London Rent Assessment Panel v Holding and Management (Solitaire) Ltd: LT 26 Oct 2007

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

Sinclair Gardens Investments (Kensington) Ltd v Wang and others: LT 7 Jul 2006

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

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

Howard De Walden Estates Ltd and Another v Aggio and others; Earl Cadogan and others v 26 Cadogan Square Ltd: CA 24 May 2007

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

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

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

CQN RTM Co Ltd v Broad Quay North Block Freehold and Another: UTLC 31 Jul 2018

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

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

Moskovitz and Others v 75 Worple Road RTM Company Ltd: UTLC 27 Oct 2010

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

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

Firstport Property Services Ltd v Settlers Court RTM Company Ltd and Others: SC 12 Jan 2022

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

St Stephens Mansions RTM Company Ltd and Another v Fairhold NW Ltd and Another: UTLC 4 Dec 2014

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

Miltonland Ltd v Platinum House (Harrow) RTM Co Ltd: UTLC 15 Jun 2015

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

Christoforou and Another v Standard Apartments Ltd: UTLC 17 Dec 2013

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

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

Scriven and Others v Calthorpe Estates and Others: UTLC 25 Sep 2013

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

Fairhold Mercury Ltd v HQ (Block 1) Action Management Company Ltd: UTLC 3 Oct 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

Day and Another v Hosebay Ltd: SC 10 Oct 2012

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

Elizabeth Court (Bournemouth) Ltd v HM Revenue and Customs: ChD 16 Oct 2008

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

Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 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

Holding and Management (Solitaire) Ltd v Norton: UTLC 5 Jan 2012

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

Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 2008

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

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

Acts

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

Ramjotton v Patel: UTLC 8 Feb 2021

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

Sinclair Gardens Investments Kensington Ltd v No Respondent: LT 16 Feb 2006

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

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

Martinvale Developments Ltd, Re: 119 Berryfield Road: LT 30 Jun 2005

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

Cheerupmate2 Ltd v Calce: CA 12 Oct 2018

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

Assethold Ltd v 14 Stansfield Road Rtm Company Ltd: UTLC 30 Jul 2012

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

Gala Unity Ltd v Ariadne Road Rtm Company Ltd: UTLC 25 Oct 2011

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

Mehson Property Co Ltd v Pellegrino: UTLC 1 Jul 2009

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

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

Gateway Property Holdings Ltd v 6-10 Montrose Gardens Rtm Company Ltd: UTLC 8 Sep 2011

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

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd: UTLC 28 Nov 2013

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

Gateway Property Holdings Ltd v Westwood (Colchester) Rtm Co Ltd: UTLC 3 Nov 2016

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

Avon Freeholds Ltd v Garnier: UTLC 31 Oct 2016

UTLC LANDLORD AND TENANT – Administration charge – charge made by landlord for entering into a deed granting retrospective consent to alterations to a flat – whether administration charge had been agreed or admitted by tenant – Commonhold and Leasehold Reform Act 2002 Schedule 11 paragraph 5 [2016] UKUT 477 (LC) Bailii Commonhold and Leasehold … Continue reading Avon Freeholds Ltd v Garnier: UTLC 31 Oct 2016

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

Gala Unity Ltd v Ariadne Road RTM Company Ltd: CA 23 Oct 2012

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

Triplerose Ltd Re Forth Banks Tower: UTLC 11 Feb 2016

UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – costs incurred in consequence of a claim notice — indemnity principle – whether applicable – if applicable whether evidence sufficient to show principle complied with – section 88, (4) Commonhold and Leasehold Reform Act 2002 – appeal allowed [2016] UKUT 77 (LC) Bailii England and Wales … Continue reading Triplerose Ltd Re Forth Banks Tower: UTLC 11 Feb 2016

Triplerose Ltd v Mill House RTM Company: UTLC 16 Feb 2016

UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – failure to include prescribed notes in notices of invitation to participate – whether notices invalid — failure to specify registered office of RTM Company in claim notice as address for service of counter-notice – whether claim notice invalid – non-qualifying tenants as members of RTM company … Continue reading Triplerose Ltd v Mill House RTM Company: UTLC 16 Feb 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

Gateway Property Holdings Ltd v Ross Wharf RTM Company Ltd: UTLC 29 Feb 2016

UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – address for service of claim notice – whether address notified to RTM company – whether superseded by address on subsequent service charge demands given to company members – consequence of failure to serve claim notice at correct address – section 111(4), Commonhold and Leasehold Reform Act … Continue reading Gateway Property Holdings Ltd v Ross Wharf RTM Company Ltd: UTLC 29 Feb 2016

Avon Ground Rents Ltd v 51 Earls Court Square RTM Company Ltd: UTLC 14 Jan 2016

UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – description of premises in company’s articles of association – whether a self-contained building – whether an RTM company – interpretation of articles – Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 – appeal dismissed [2016] UKUT 22 (LC) Bailii Commonhold and … Continue reading Avon Ground Rents Ltd v 51 Earls Court Square RTM Company Ltd: UTLC 14 Jan 2016

London Sephardi Trust v John Lyon’s Charity: UTLC 19 Nov 2015

UTLC LEASEHOLD ENFRANCHISEMENT – purchase price on enfranchisement – amendments introduced into s.9(1A) of Leasehold Reform Act 1967 by s.23(1) of Housing and Planning Act 1986 – s.23(3) providing that these amendments do not apply on a case (such as the present) where a s.14 notice of desire to have an extended lease was given … Continue reading London Sephardi Trust v John Lyon’s Charity: UTLC 19 Nov 2015

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

Windermere Court Kenley RTM Company Ltd v Sinclair Gardens Investments (Kensington) Ltd: UTLC 17 Sep 2014

UTLC Right to manage – time – computation of time – contents of claim notice – specify date of intention to acquire right to manage to be ‘at least three months after that specified’ under subsection s80(6) of the Commonhold and leasehold Reform Act 2002, section 80(7) [2014] UKUT 420 (LC) Bailii Commonhold and leasehold … Continue reading Windermere Court Kenley RTM Company Ltd v Sinclair Gardens Investments (Kensington) Ltd: UTLC 17 Sep 2014

Assethold Ltd v 37 Whatman Road RTM Company Ltd: UTLC 11 Nov 2014

UTLC RIGHT TO MANAGE – Commonhold and Leasehold Reform Act 2002 s.81(3) – first claim notice held by First-Tier Tribunal’s first decision to be invalid – service of a second claim notice before the end of the period for bringing an appeal against the decision on the first claim notice Huskinson HHJ [2014] UKUT 505 … Continue reading Assethold Ltd v 37 Whatman Road RTM Company Ltd: UTLC 11 Nov 2014

Termhouse (Clarendon Court) Management Ltd v Al-Balhaa: CA 10 Dec 2021

The First-tier Tribunal (Property Chamber) (‘the FTT’) does not itself have enforcement powers, but its decisions can potentially be enforced through Court mechanisms, notably pursuant to section 176C of the Commonhold and Leasehold Reform Act 2002 (‘the 2002 Act’) or section 27 of the Tribunals, Courts and Enforcement Act 2007 (‘the 2007 Act’). The issue … Continue reading Termhouse (Clarendon Court) Management Ltd v Al-Balhaa: CA 10 Dec 2021

Post Box Ground Rents Ltd v The Post Box RTM Company Ltd: UTLC 1 Jun 2015

UTLC LANDLORD AND TENANT – right to manage – costs – whether RTM company liable for costs of proceedings where application to tribunal withdrawn – ss.88-89 Commonhold and Leasehold Reform Act 2002 – whether withdrawal of application effective to terminate proceedings where no dismissal – appeal allowed [2015] UKUT 230 (LC) (LC) Bailii Commonhold and … Continue reading Post Box Ground Rents Ltd v The Post Box RTM Company Ltd: UTLC 1 Jun 2015

Cain v London Borough of Islington: UTLC 26 Mar 2015

UTLC LANDLORD AND TENANT – service charges – apportionment by rateable value – whether Tribunal had jurisdiction to consider question of construction of lease after agreement reached on quantum of service charge payable – para. 3, Sch. 12, Commonhold and Leasehold Reform Act 2002 – s.27A(4), Landlord and Tenant Act 1985 – appeal allowed [2015] … Continue reading Cain v London Borough of Islington: UTLC 26 Mar 2015

Triplerose Ltd v Ninety Broomfield Road: CA 27 Mar 2015

The question which arises in these appeals is whether an RTM company can acquire the management of more than one set of premises as defined in section 72 of the Act. Patten, Gloster LJJ, Sir David Keene [2015] EWCA Civ 282 Bailii Commonhold and Leasehold Reform Act 2002 England and Wales Landlord and Tenant Updated: … Continue reading Triplerose Ltd v Ninety Broomfield Road: CA 27 Mar 2015

Elim Court RTM Co Ltd v Avon Freeholds Ltd: UTLC 10 Sep 2014

UTLC Landlord and Tenant – right to manage – whether initial notice must specify that RTM Company’s articles of association are available for inspection on a Saturday or Sunday -section 78(5)(b), Commonhold and Leasehold Reform Act 2002 – signature by a corporate secretary – whether notice invalid if section 44, Companies Act 2006 not complied … Continue reading Elim Court RTM Co Ltd v Avon Freeholds Ltd: UTLC 10 Sep 2014