Category: Landlord and Tenant

Roberts v Countryside Residential (South West) Ltd, Re Dray Court: UTLC 26 Sep 2017

UTLC Landlord and Tenant – Service Charges – LANDLORD AND TENANT – service charges – validity of service charge demands – whether LVT properly took into account a previous LVT decision – reasonableness of electricity and water costs – whether landlord entitled to fund arrears of service charges through an uplift in service charges – Landlord and Tenant Act 1985 ss 20B and 21B, Landlord and Tenant Act 1987 ss 47 and 48 – appeal allowed in part

Citations:

[2017] UKUT 386 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 03 April 2022; Ref: scu.602926

Sinclair Gardens Investments (Kensington) Ltd, Re George Court: UTLC 29 Dec 2017

UTLC LEASEHOLD ENFRANCHISEMENT – flat – whether adjustments to be made for time, freehold/long leasehold interest, and ‘Act rights’ – market evidence v graphs – market evidence preferred – premiums determined at pounds 19,200 – Schedule 13, Leasehold Reform, Housing and Urban Development Act 1993

Citations:

[2017] UKUT 494 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 03 April 2022; Ref: scu.602928

Midland Freeholds Ltd and Another, Appeals Against Decisions: UTLC 29 Dec 2017

UTLC LEASEHOLD ENFRANCHISEMENT – lease extension – maisonettes – whether deferment rate should be increased by 0.25% to reflect an additional risk of deterioration – whether the Leasehold Reform, Housing and Urban Development Act 1993 confers any benefit in ‘unsophisticated’ West Midlands market – whether a discount should be made to the FHVP value to reflect the risk of lessee remaining as an assured tenant at the expiry of the lease under Schedule 10 to the Local Government and Housing Act 1989 – appeals allowed

Citations:

[2017] UKUT 463 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 03 April 2022; Ref: scu.602927

Atherton and Others v MB Freeholds Ltd, Re Albion Court: UTLC 20 Dec 2017

UTLC LANDLORD AND TENANT – Service Charges – Insurance – leaseholder obliged to insure flat in own and landlord’s joint names – whether noting landlord’s interest sufficient – in event of default landlord entitled to insure and recoup cost – whether landlord required to insure in joint names – appeal allowed

Citations:

[2017] UKUT 497 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 02 April 2022; Ref: scu.601843

Ryan v Villarosa, Re Coningham Road, London: UTLC 7 Dec 2017

LANDLORD AND TENANT – Construction of Lease – whether roof within the demised premises – apportionment of costs of roof repair – whether tenant liable to contribute 75% or 50% of the costs of repair – held roof included within demise and tenant liable to contribute 75% of repair costs – Appeal allowed on substantive point – section 20C appeal adjourned for further submissions.

Citations:

[2017] UKUT 466 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 02 April 2022; Ref: scu.601845

Wyldecrest Parks (Management) Ltd v Guildford Borough Council: UTLC 6 Nov 2017

PARK HOMES — site licensing – Caravan Sites and Control of Development Act 1960 ss. 5, 7 and 8 – site owner’s appeal against retention in a site licence of a condition preventing any material change to the layout of the site without prior written consent of the local authority – whether the imposition of such a condition ultra vires – whether the imposition of such a condition unduly burdensome

Citations:

[2017] UKUT 433 (LC)

Links:

Bailii

Statutes:

Caravan Sites and Control of Development Act 1960

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 01 April 2022; Ref: scu.599595

Westmark (Lettings) Ltd v Peddle and Others: UTLC 22 Nov 2017

LANDLORD AND TENANT – SERVICE CHARGES – s.20B(1), Landlord and Tenant Act 1985 – whether 18 month time limit on demands for service charges is repeated for each intermediate landlord – appeal allowed

Citations:

[2017] UKUT 449 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 01 April 2022; Ref: scu.599594

Urban Lettings (London) Ltd v London Borough of Haringey: UTLC 5 Mar 2015

UTLC HOUSING – houses in multiple occupation – landlord and tenant – rent repayment order – person having control – appropriate person to repay rent – ss 61(7), 72(1) and 73(5) Housing Act 2004 – appeal dismissed.
A rent repayment order was made against the immediate landlord of the occupational tenants although the landlord had only ever had a lease for a short term of only three years. The Tribunal confirmed that it was a person having control and was capable of committing the offence under section 72(1), 2004 Act. More than one landlord could be in receipt of rack rent at the same time.

Judges:

Behrens HHJ

Citations:

[2015] UKUT 104 (LC)

Links:

Bailii

Statutes:

Housing Act 2004 61(7) 72(1) 73(5)

Jurisdiction:

England and Wales

Cited by:

Cited – Rakusen v Jepsen UTLC 11-Nov-2020
Rent Repayment Order From Superior Landlord
Housing – Rent Payment – Whether A Rent Repayment Order May Be Made against A Superior Landlord – – application to strike out claim for rent repayment order – ss. 40, 41 Housing and Planning Act 2016 – appeal dismissed
‘the FTT does have . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 01 April 2022; Ref: scu.544733

Toms v Ruberry: CA 8 Feb 2019

Whether a notice may be served under section 146(1) of the Law of Property Act 1925 before the right to re-entry has arisen under the provisions of the lease.
Held: The courts below were right in holding that a section 146 notice can be served only after the contractual right of re-entry has become enforceable.

Citations:

[2019] EWCA Civ 128

Links:

Bailii

Statutes:

Law of Property Act 1925 146(1)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 01 April 2022; Ref: scu.633182

Gibbs v Clevedon Court (Dulwich) RTM Co Ltd: UTLC 27 Oct 2017

LANDLORD AND TENANT – RIGHT TO MANAGE – freeholders’ contribution to cost of major service charge works – sufficiency of FTT’s reasons for finding full amount payable despite failure to complete all works – appeal allowed – redetermination by Upper Tribunal following completion of snagging works – appellants’ contribution reduced to pounds 10,447

Citations:

[2017] UKUT 411 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 01 April 2022; Ref: scu.598456

Bentley and Skinner (Bond Street Jewellers) Ltd v Searchmap Ltd: ChD 8 Jul 2003

Application by tenant to re-open preliminary issue on having obtained new evidence. The landlord had resisted the grant of a new tenancy claiming an intention to develop the property.

Judges:

Lightman J

Citations:

[2003] EWHC 1621 (Ch)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 31 March 2022; Ref: scu.263722