Category: Landlord and Tenant

Dehavilland Studios Ltd v Peries and Another: UTLC 5 Sep 2017

Landlord and Tenant : Service Charge – Repair or Replacement – Windows in large block of flats defective. Cost of replacement significantly more than cost of repair – Experts agreed that replacement was the best solution but not ruling out repair as unreasonable even though windows nearing end of life and repair would not cure all problems. One tenant objected to service charge in respect of anticipated costs on the ground that windows should be replaced and repaired. Ft-T held that replacement was best option and disallowed costs of repair. Appeal allowed. Decision to repair was a reasonable even if not (in the Ft-T’s opinion) the best option. The Ft-T had applied the wrong test.

Citations:

[2017] UKUT 322 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 29 March 2022; Ref: scu.593592

Castle Rock 2002 Management Ltd v Jeffery: UTLC 10 Sep 2014

UTLC LANDLORD AND TENANT – service charges – construction of lease – whether works were done to the common parts or to demised parts of the building – Landlord and Tenant Act 1985 section 19

Citations:

[2014] UKUT 400 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 19

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 29 March 2022; Ref: scu.537499

Ellis and Another v Logothetis: LT 5 Dec 2000

LT LEASEHOLD ENFRANCHISEMENT – whether terms of acquisition other than premium agreed for purposes of Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13 para 1 – earlier decision of County Court on application under s 48(3) that no terms agreed – held that issue estoppel arose – terms other than premium agreed at hearing before LVT

Citations:

[2000] EWLands LRA – 3 – 2000

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 29 March 2022; Ref: scu.225623

Dacorum Borough Council v Bucknall (Aka Acheampong): QBD 10 Aug 2017

Appeals from an order in the County Court in favour of the Claimant Council for possession of Property. The issue in the appeal is whether at the time of the notice to quit, she was occupying the Property ‘as a dwelling’ within the meaning of s. 5(1A) of the Protection from Eviction Act 1977. The Judge decided that Ms Bucknall did not occupy the Property as a dwelling. The defendant had been provided with interim housing pending determination of application for emergency housing.
Held: Appeal allowed.

Judges:

PopplewellJ

Citations:

[2017] EWHC 2094 (QB)

Links:

Bailii

Statutes:

Protection from Eviction Act 1977 5(1A)

Jurisdiction:

England and Wales

Housing, Landlord and Tenant

Updated: 28 March 2022; Ref: scu.592022

Elmbirch Properties Plc, Re 51 and 85 Humphrey Middlemore Drive: UTLC 27 Jul 2017

UTLC LEASEHOLD ENFRANCHISEMENT – Premium – whether allowance required to reflect difference in value of freehold and leasehold interests – whether allowance required to reflect absence of ‘Act rights’ – use of LEASE graph to determine relativity – appeals allowed in part – premiums assessed at pounds 13,136 and pounds 18,545.

Citations:

[2017] UKUT 314 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 28 March 2022; Ref: scu.591400

Bedford Court Mansions Ltd v Ribiere, Re Bedford Court Mansions: UTLC 3 Jul 2017

UTLC LANDLORD AND TENANT — service charges — basis of apportionment of the landlord’s expenses between flats in a building — lease providing for apportionment on the basis of relative rateable values and (in the event of apportionment on this basis becoming impractical or impossible) then apportionment upon such alternative basis and shall be fair and equitable — whether basis of apportionment in force since 2008 was fair and equitable — whether a new basis of apportionment proposed by landlord in 2015 should be adopted

Citations:

[2017] UKUT 202 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 28 March 2022; Ref: scu.591397

JLK Ltd v Ezekwe and Others, Re: Alexander Terrace: UTLC 6 Jul 2017

LANDLORD AND TENANT – SERVICE CHARGES – dwelling – student accommodation comprising demised bed-sits with shared use of lounges, kitchens and dining space – whether bed-sits ‘part of a building intended to be occupied as a separate dwelling’ – whether tribunal having jurisdiction in relation to service charges – s.38, Landlord and Tenant Act 1985 – appeal allowed

Citations:

[2017] UKUT 277 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 38

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 28 March 2022; Ref: scu.591401

Crown Estate Commissioners v Whitehall Court London Ltd, Re Whitehall Court: UTLC 20 Jul 2017

UTLC LEASEHOLD ENFRANCHISEMENT – Flat – extended lease – premium – apportionment of premium between freeholder and head lessee – whether no-Act assumption restricted to appeal flat – probability of receiving profit income above a threshold level – definition of net receipts – valuation treatment of initial ground rent – section 56 and Schedule 13 Leasehold Reform, Housing and Urban Development Act 1993 – appeal allowed – cross-appeal dismissed

Citations:

[2017] UKUT 242 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 28 March 2022; Ref: scu.591399

Assethold Ltd 110 Boulevard Rtm Company Ltd (Landlord and Tenant – Right To Manage): UTLC 27 Jul 2017

UTLC LANDLORD AND TENANT – right to manage – service of copy claim notice under s79(8) by email – whether valid – held valid – alternatively (if not) not fatal to subsequent steps taken by the RTM Company – appeal dismissed.

Citations:

[2017] UKUT 316 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 28 March 2022; Ref: scu.591396