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 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
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
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
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
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 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
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
(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
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
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
Citations: [2014] UKFTT RP – MAN – 00BR – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 03 July 2022; Ref: scu.629952
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
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
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
Citations: [2015] UKFTT RP – CAM – 11UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.627088
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
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
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 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 – 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
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 – 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
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
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 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
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
UTLC LANDLORD AND TENANT – Right to manage – jurisdiction under section 84(3) of the Commonhold and Leasehold Reform Act 2002 [2013] UKUT 502 (LC) Bailii Commonhold and Leasehold Reform Act 2002 84(3) England and Wales Landlord and Tenant Updated: 25 November 2021; Ref: scu.517600
UTLC LANDLORD AND TENANT – Right to manage – giving of notice of invitation to participate – sections 78 and 111 of the Commonhold and Leasehold Reform Act 2002 – second claim notice – section 81(3) Sir Keith Lindblom P [2013] UKUT 213 (LC) Bailii Commonhold and Leasehold Reform Act 2002 78 111 England and … Continue reading Avon Freeholds Ltd v Regent Court RTM Co Ltd: UTLC 5 Jul 2013
UTLC LANDLORD AND TENANT – right to manage – claim notice – validity – whether claim notice may validly be signed by RTM company’s solicitor – whether necessary to identify appurtenant property in claim notice – ss.80-81, Commonhold and Leasehold Reform Act 2002- appeal dismissed Martin Rodger QC, Deputy President [2013] UKUT 598 (LC) Bailii … Continue reading Pineview Ltd v 83 Crampton Street RTM Company Ltd: UTLC 4 Dec 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
UTLC LANDLORD AND TENANT – Administration Charges – purpose of covenant not to underlet without consent – charge for consent to underletting – whether payable in absence of express reference in lease – reasonableness – whether fee for registering underlease an administration charge – Landlord and Tenant Act 1927 s.19(1)(a) – Commonhold and Leasehold Reform … Continue reading Proxima Gr Properties Ltd v McGhee: UTLC 6 Feb 2014
Consent to assignment – delay Tenants under long residential leases challenged the refusal of the landlord to consent to particular assignments of apartments. The leases contained provisions saying that such consent was not to be unreasonably withheld. The landlord now appealed against a finding that it had unreasonably withheld consent. Held: It remained reasonable (the … Continue reading No1 West India Quay (Residential) Ltd v East Tower Apartments Ltd: ChD 6 Oct 2016
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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