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
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
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
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
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 – 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
UTLC LANDLORD AND TENANT – breach of covenant – whether a breach had occurred – LVT finding only no breach at date of inspection – held on admitted facts breach had occurred -Commonhold and Leasehold Reform Act 2002 s168 – appeal allowed [2013] UKUT 479 (LC) Bailii Commonhold and Leasehold Reform Act 2002 168 England … Continue reading Forest House Estates Ltd v Al-Harthi: UTLC 26 Sep 2013
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
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
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
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
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
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
: 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
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
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
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
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
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
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
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
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
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
UTLC LANDLORD AND TENANT – administration charges – covenant to pay costs of proceedings – whether costs incurred ‘in or in contemplation of’ proceedings under s.146, Law of Property Act 1925 – Freeholders of 69 Marina v Oram considered – s.81, Housing Act 1996 – ss.167-169, Commonhold and Leasehold Reform Act 2002 – appeal allowed … Continue reading Barrett v Robinson: UTLC 29 Jul 2014
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
Holiday lets were in breach of covenant UTLC LANDLORD AND TENANT – BREACH OF COVENANT – long residential lease – application under section 168(2), Commonhold and Leasehold Reform Act 2003 – covenant not to use premises for any purpose other than as a private residence – whether broken when tenant advertised and granted short-term lettings … Continue reading Nemcova v Fairfield Rents Ltd: UTLC 6 Sep 2016
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