UTLC LANDLORD AND TENANT – variation of leases – dwelling house converted to three flats – application by freeholder and two leaseholders for variation of all leases to allow full recovery of costs incurred by freeholder in running block – requested variation order made by LVT – whether object of variation could be satisfactorily achieved … Continue reading Thirlaway v Masculet and Others: UTLC 29 Oct 2012
UTLC LANDLORD AND TENANT – variation of leases – application by landlords and majority of leaseholders for variation of all leases to allow replacement of communal heating system with individual boilers and recovery of management and legal costs through the service charge – appeal against LVT’s refusal to order recovery of management and legal costs … Continue reading Shellpoint Trustees Ltd and Another v Barnett and Others: UTLC 8 Oct 2012
The tenant sought an injunction against its neighbour and landlord to prevent it letting an adjoining property without a restriction similar to the one in its own lease. The claimants sought reassurance from the defendant tenants of the adjoining propery that they would act in accordance with the retriction, but no re-assurance was given. Held: … Continue reading Oceanic Village Ltd v United Attractions Ltd, Shirayama: ChD 9 Dec 1999
UTLC LANDLORD AND TENANT – Service Charges- failure of demand to comply with section 47 Landlord and Tenant Act 1987 – whether legal costs of tribunal proceedings and costs of surveyor recoverable pursuant to service charge clause in lease- reimbursement of tribunal fees – appeal allowed in part [2016] UKUT 371 (LC) Bailii Landlord and … Continue reading Cannon and Another v 38 Lambs Conduit Llp: UTLC 11 Aug 2016
Purchaser with notice bound in Equity A, being seised of the centre garden and some houses in Leicester Square, conveyed the garden to B in fee, and B covenanted for himself and his assigns to keep the garden unbuilt upon. Held: A purchaser from B, with notice of the covenant, was bound by it in … Continue reading Tulk v Moxhay: 22 Dec 1848
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008
References: (1848) 2 Ph 774, [1848] 1 H & TW 105, [1848] 18 LJ Ch 83, [1848] 13 LTOS 21, [1848] 13 Jur 89, [1848] 41 ER 1143 LC, (1848) 11 Beavan 571, [1848] EWHC Ch J34, [1848] EngR 1005, (1848) 11 Beav 571, (1848) 50 ER 937, [1848] EngR 1059, (1848) 1 H & … Continue reading Tulk v Moxhay; 22 Dec 1848
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