Category: Landlord and Tenant

The Gateway (Leeds) Management Ltd v Naghash: UTLC 16 Jun 2015

UTLC LANDLORD AND TENANT – service charges – management company paying rent to landlord for gym and concierge office and fixed rental payments to provide CCTV equipment – whether rent or service charge – whether variable service charge – sufficiency of reasons for first-tier tribunal’s decision – appeal dismissed

[2015] UKUT 333 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 02 January 2022; Ref: scu.549875

Alice Ellen Cooper-Dean Charitable Foundation v Greensleeves Owners Ltd: UTLC 12 Jun 2015

UTLC Leasehold Enfranchisement – Flat – two-stage enfranchisement – Leasehold Reform, Housing and Urban Development Act 1993 – paragraph 14 of Schedule 6 – paragraph 5 of Schedule 13 – paragraph 5 of Schedule 6 – section 3 of the Human Rights Act 1998 – article 1 of the First Protocol to the European Convention on Human Rights

[2015] UKUT 320 (LC)
Bailii
Leasehold Reform, Housing and Urban Development Act 1993, European Convention on Human Rights P1A1
England and Wales

Land, Landlord and Tenant, Human Rights

Updated: 02 January 2022; Ref: scu.549870

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 claim notice – appeal dismissed

Stuart Bridge HHJ
[2015] UKUT 236 (LC)
Bailii
Commonhold and Leasehold Reform Act 2002 80
England and Wales

Landlord and Tenant

Updated: 02 January 2022; Ref: scu.549878

Irwell Valley Housing Association v O’Grady: UTLC 25 Jun 2015

UTLC LANDLORD AND TENANT – rent determination – application for determination of rent under s.14, Housing Act 1988 – discrepancy between decision notice and reasons – whether remediable by correction certificate under rule 50, Tribunal Procedure (First-Tier Tribunal) (Property Chamber) Rules 2013 – reliance by First-tier Tribunal on evidence of comparable property not disclosed to the parties at the hearing – appeal allowed

[2015] UKUT 310 (LC)
Bailii
Tribunal Procedure (First-Tier Tribunal) (Property Chamber) Rules 2013 50
England and Wales

Landlord and Tenant

Updated: 02 January 2022; Ref: scu.549877

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 raised by the present appeal, which is of wider significance, is whether a decision of the FTT on an application under section 27A of the Landlord and Tenant Act 1985 (‘the 1985 Act’) can be enforced in such a way.

Lord Justice Newey,
Lord Justice Nugee,
And,
Mr Justice Francis
[2021] EWCA Civ 1881
Bailii
Landlord and Tenant Act 1985
England and Wales

Landlord and Tenant

Updated: 02 January 2022; Ref: scu.670464