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

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TENANT – right to manage – costs – whether RTM company liable for costs of proceedings where application to tribunal withdrawn – ss.88-89 Commonhold and Leasehold Reform Act 2002 – whether withdrawal of application effective to terminate proceedings where no dismissal – appeal allowed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

UTLC LANDLORD AND TENANT – right to manage – claim for landlord’s costs incurred in connection with a notice of claim to acquire the right to manage – whether LVT entitled to conclude no costs incurred – adequacy of reasons – appeal allowed – s.88 Commonhold and Leasehold Reform Act 2002 Her Honour Judge Alice … Continue reading Columbia House Properties (No3) Ltd v Imperial Hall RTM Company Ltd: UTLC 30 Jan 2014

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

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

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

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

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

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

UTLC LANDLORD AND TENANT – right to manage – claim notice – validity – failure previously to serve a valid notice of intention to participate – Commonhold and Leasehold Reform Act 2002 ss 78 and 79 [2013] UKUT 603 (LC) Bailii England and Wales Landlord and Tenant Updated: 26 November 2021; Ref: scu.518805

UTLC Landlord and tenant — right to manage — whether a building structurally detached and therefore self-contained — Commonhold and Leasehold Reform Act 2002 section 72 Judge Huskinson [2013] UKUT 580 (LC) Bailii Commonhold and Leasehold Reform Act 2002 72 England and Wales Landlord and Tenant Updated: 26 November 2021; Ref: scu.518809

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

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

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