Category: Landlord and Tenant

Assethold Ltd v 15 Yonge Park RTM Co Ltd: UTLC 27 Sep 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 Act 2002 – sections 80 and 81 of the Commonhold and Leasehold Reform Act 2002

Citations:

[2011] UKUT 379 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 September 2022; Ref: scu.445683

The Church Commissioners v Derdabi, Re The Quadrangle Tower: UTLC 27 Sep 2011

LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s20C – order to disregard litigation costs as relevant costs for service charge – relevance of outcome of proceedings – ‘just and equitable’ criterion

Citations:

[2010] UKUT 380 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 September 2022; Ref: scu.445684

London Borough of Newham v Hannan and Others: UTLC 7 Oct 2011

UTLC LANDLORD AND TENANT – service charges – consultation requirements for qualifying works – failure to serve ‘public notice’ requirement in time – application for dispensation – prejudice to tenants – appeal against LVT’s refusal of dispensation allowed – Landlord and Tenant Act 1985 s20, 20ZA – The Service Charge (Consultation Requirements) (England) Regulations 2003 paragraph 1(2)(d) of Schedule 2

Judges:

Gerald J

Citations:

[2011] UKUT 406 (LC)

Links:

Bailii

Statutes:

Service Charge (Consultation Requirements) (England) Regulations 2003, Landlord and Tenant Act 1985 20 20ZA

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 September 2022; Ref: scu.445693

The Sloane Stanley Estate v Morgan and Another: UTLC 10 Oct 2011

UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – leases of less than 5 years unexpired – leasehold vacant possession values (relativity) – potential for provision of additional flat(s) on roof – hope value – deferment rate – terms of transfer – appeal allowed in part – enfranchisement price andpound;2,961,613

Citations:

[2011] UKUT 415 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 September 2022; Ref: scu.445694

Country Trade Ltd v Noakes and Others: UTLC 7 Oct 2011

UTLC LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s19 – reasonableness of service charge – evidence required to support LVT findings

Citations:

[2011] UKUT 407 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 19

Jurisdiction:

England and Wales

Cited by:

Cited – Crosspite Ltd v Sachdev and Others UTLC 25-Sep-2012
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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 September 2022; Ref: scu.445691

Mehra v City West Homes Ltd and Another: UTLC 8 Aug 2011

LANDLORD AND TENANT – service charges – apportionment of costs between tenants – method of apportionment – variation of leases – appeal dismissed – Landlord and Tenant Act 1985 s 27A, Landlord and Tenant Act 1987, s 35

Citations:

[2011] UKUT 311 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445679

Redrow Homes (Midlands) Ltd v Hothi and Others: UTLC 7 Jul 2011

LANDLORD AND TENANT – service charges – construction of lease – whether term to be implied that the management company must calculate the relevant adjustment to the on account payments within a reasonable time – whether breach of such an implied term resulted in nothing being recoverable as service charges for the relevant year.

Citations:

[2011] UKUT 268 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445672

Tingdene Holiday Parks Ltd v Cox and Others: UTLC 8 Aug 2011

LANDLORD AND TENANT – service charges- whether statutory summary of tenants’ rights and obligations accompanied demands – whether service charge payable annually or quarterly – whether cost of installation of play equipment properly included in service charge – Landlord and Tenant Act 1985 s 21B

Citations:

[2011] UKUT 310 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445681

Greening v Castelnau Mansions Ltd: UTLC 17 Aug 2011

LANDLORD AND TENANT – service charges – legal fees – whether to be treated as part of landlord’s costs for purposes of service charge under terms of the lease – held they were not – appeal allowed

Citations:

[2011] UKUT 326 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445677

Lennon v Ground Rents (Regisport) Ltd: UTLC 18 Aug 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 – Commonhold and Leasehold Reform act 2002 schedule 12 paragraph 3.

Citations:

[2011] UKUT 330 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445678

Fluss v Queensbridge Terrace Residents Ltd: UTLC 17 Aug 2011

LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – immediate landlord of qualifying tenants was freehold owner of the residential block but leasehold owner of the amenity land over which rights granted under the leases – freeholder of amenity land relying on section 1(4) Leasehold Reform

Citations:

[2011] UKUT 285 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445676

Rettke-Grover v Needleman and Another: UTLC 13 Jul 2011

LANDLORD AND TENANT – service charges – construction of lease – whether the costs of employing a chartered accountant to provide the relevant account of the service charges and the required certificate could be included within the service charges payable by the lessee

Citations:

[2010] UKUT 283 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445673

Cleary and Others v Lakeside Developments Ltd: UTLC 7 Jul 2011

LVT LANDLORD AND TENANT – variation of lease – covenant proposed by lessor providing for payment by lessees of fee of managing agent – lease otherwise remaining the same – held existing provision not unsatisfactory – decision of LVT reversed – Landlord and Tenant Act 1987 ss 35(2)(e) and (f)

Citations:

[2011] UKUT 264 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1987 35(2)(e) 35(2)(f)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445669

Amourgam v Valepark Properties Ltd: UTLC 4 Jul 2011

LANDLORD AND TENANT – services charges – Landlord and Tenant Act 1985 as amended section 21B – The Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007 – whether a demand for service charges served after the commencement of section 21B must comply with that section where the items of expenditure in respect of which the demand is made were incurred before that commencement.

Citations:

[2011] UKUT 261 (LC)

Links:

Bailii

Statutes:

The Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445668

Southall Court (Residents) Ltd v Tiwari: UTLC 16 Jun 2011

UTLC LANDLORD AND TENANT – service charge – whether proposed replacement of roofing tiles reasonable – held no evidence to support LVT’s conclusion that it was not – whether existence of a sinking fund a relevant consideration in determining reasonableness – held that it was – appeal upheld – Landlord and Tenant Act 1985 S.19.

Citations:

[2011] UKUT 218 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445667

Akorita v Marina Heights (St. Leonards) Ltd: UTLC 29 Jun 2011

LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 section 27A – construction of lease – whether obtaining of a Surveyor’s Certificate a condition precedent to liability to make on account payments or final payments of service charge – held it was a condition precedent – extent to which (quite apart from the condition precedent point) insurance premiums reasonable and recoverable through the service charge.

Citations:

[2011] UKUT 255 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 27A

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445661

Brassington v Orton: FTTPC 12 Aug 2019

Easement – section 62 of the Law of Property Act 1925 – farm and cottage in common ownership – farm sold off first – issue as to whether on sale the farm acquired the benefit of a right of way over land belonging to the cottage.

Citations:

[2019] UKFTT 589 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 19 September 2022; Ref: scu.645415

Williams v Thomas: FTTPC 24 Jul 2019

Application to determine the boundary between the garden of the Applicants’ cottage and the adjoining field owned by the Respondent. The boundary was in two parts. With respect to the greater, contentious part the Applicants relied on the hedge and ditch presumption. The Respondent denied that a ditch existed, alleging a mere depression in the ground along some of the boundary caused by footfall on what she said was the route of a footpath. She contended that the boundary was along the root line of a hedge. The boundary had existed as a legal boundary since at least the 18th century. It was held, accepting the Applicants’ expert evidence, that there used to be a ditch along the boundary some evidence of which still existed and that the hedge and ditch presumption applied. However, the line of the outer edge of the ditch had not been, and could not be, identified with sufficient exactitude for a determined boundary to be found. So, the application was directed to be cancelled in relation to that section of the boundary. The rest of the boundary, which followed a hedge line, was not disputed and so the application succeeded to that extent.

Citations:

[2019] UKFTT 508 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 19 September 2022; Ref: scu.645405

Westbrook Dolphin Square Ltd v Friends Provident Life and Pensions Ltd: ChD 14 Sep 2011

The defendant sought to have the claim struck out as an abuse of process, saying that it was a repeat of a claim previously made and withdrawn.
Held: The application succeeded.

Judges:

Arnold J

Citations:

[2011] EWHC 2302 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Westbrook Dolphin Square Ltd v Friends Life Ltd CA 18-May-2012
W appealed against the striking out as an abuse of its request for a declaration that the tenants of the flats at Dolphin Square were entitled to acquire its freehold from the respondents. They had previously served and withdrawn a notice claiming . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 September 2022; Ref: scu.444303

Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 29 Jul 2011

Judges:

Vos J

Citations:

[2011] EWHC 2043 (Ch), [2011] L andTR 27, [2012] 1 P andCR DG1

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 30(1)(g)

Jurisdiction:

England and Wales

Citing:

See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011
The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to . .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 11-May-2011
. .
Issue Set – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 27-Jun-2011
Pre-trial review of pending trial. The court ordered the hearing of a preliminary issue being: ‘the issue of whether the Defendant intends to occupy the holdings for the purposes, or partly for the purposes, of a business to be carried on by it . .

Cited by:

Appeal from – Humber Oil Terminals Trustee Ltd v Associated British Ports CA 10-May-2012
The tenant appealed against a finding that the landlord was entitled to resist renewal of its lease under the 1954 Act challenging the stated intention of the landlord to occupy the premises for its own business purposes. It said that the proposed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 17 September 2022; Ref: scu.442447