UTLC LANDLORD AND TENANT – BREACH OF COVENANT- section 168 of the Commonhold and Leasehold Reform Act 2002 – whether breach proved- inconsistencies in decision of First-tier Tribunal- rehearing before Upper Tribunal- appeal dismissed [2016] UKUT 310 (LC) Bailii Commonhold and Leasehold Reform Act 2002 England and Wales Landlord and Tenant Updated: 23 January 2022; … Continue reading Chong v Dhami: UTLC 2 Aug 2016

Section 72(1)(a) of the 2002 Act 2002, which set out that the right to manage provisions applies to premises if ‘they consisted of a self-contained building or part of a building, with or without appurtenant property’, which did not require that the appurtenant property should appertain exclusively to the self-contained building which was the subject … Continue reading Gala Unity Ltd v Ariadne Road RTM Company Ltd: CA 23 Oct 2012

UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – costs incurred in consequence of a claim notice — indemnity principle – whether applicable – if applicable whether evidence sufficient to show principle complied with – section 88, (4) Commonhold and Leasehold Reform Act 2002 – appeal allowed [2016] UKUT 77 (LC) Bailii England and Wales … Continue reading Triplerose Ltd Re Forth Banks Tower: UTLC 11 Feb 2016

UTLC LANDLORD AND TENANT – BREACH OF COVENANT – covenant against cutting wall without landlord’s consent – holes cut by contractor to enable new boiler to be installed – relevance of tenant’s knowledge – relevance of landlord’s failure to provide contact address – section 168(4), Commonhold and Leasehold Reform Act 2002 – appeal allowed [2016] … Continue reading Raja v Aviram: UTLC 23 Feb 2016

UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – address for service of claim notice – whether address notified to RTM company – whether superseded by address on subsequent service charge demands given to company members – consequence of failure to serve claim notice at correct address – section 111(4), Commonhold and Leasehold Reform Act … Continue reading Gateway Property Holdings Ltd v Ross Wharf RTM Company Ltd: UTLC 29 Feb 2016

UTLC LEASEHOLD ENFRANCHISEMENT – purchase price on enfranchisement – amendments introduced into s.9(1A) of Leasehold Reform Act 1967 by s.23(1) of Housing and Planning Act 1986 – s.23(3) providing that these amendments do not apply on a case (such as the present) where a s.14 notice of desire to have an extended lease was given … Continue reading London Sephardi Trust v John Lyon’s Charity: UTLC 19 Nov 2015

UTLC LANDLORD AND TENANT – Breach of Covenant – construction of terms of lease – whether ceasing to be a member constitutes a breach – whether a determination should be made under section 168 Commonhold and Leasehold Reform Act 2002 [2015] UKUT 501 (LC) Bailii England and Wales Landlord and Tenant Updated: 05 January 2022; … Continue reading Vine Housing Co-Operative Ltd v Smith: UTLC 15 Sep 2015

UTLC Right to manage – time – computation of time – contents of claim notice – specify date of intention to acquire right to manage to be ‘at least three months after that specified’ under subsection s80(6) of the Commonhold and leasehold Reform Act 2002, section 80(7) [2014] UKUT 420 (LC) Bailii Commonhold and leasehold … Continue reading Windermere Court Kenley RTM Company Ltd v Sinclair Gardens Investments (Kensington) Ltd: UTLC 17 Sep 2014

UTLC RIGHT TO MANAGE – Commonhold and Leasehold Reform Act 2002 s.81(3) – first claim notice held by First-Tier Tribunal’s first decision to be invalid – service of a second claim notice before the end of the period for bringing an appeal against the decision on the first claim notice Huskinson HHJ [2014] UKUT 505 … Continue reading Assethold Ltd v 37 Whatman Road RTM Company Ltd: UTLC 11 Nov 2014

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 … Continue reading Termhouse (Clarendon Court) Management Ltd v Al-Balhaa: CA 10 Dec 2021

UTLC LANDLORD AND TENANT – right to manage – costs – whether RTM company liable for costs of proceedings where application to tribunal withdrawn – ss.88-89 Commonhold and Leasehold Reform Act 2002 – whether withdrawal of application effective to terminate proceedings where no dismissal – appeal allowed [2015] UKUT 230 (LC) (LC) Bailii Commonhold and … Continue reading Post Box Ground Rents Ltd v The Post Box RTM Company Ltd: UTLC 1 Jun 2015

UTLC LANDLORD AND TENANT – service charges – apportionment by rateable value – whether Tribunal had jurisdiction to consider question of construction of lease after agreement reached on quantum of service charge payable – para. 3, Sch. 12, Commonhold and Leasehold Reform Act 2002 – s.27A(4), Landlord and Tenant Act 1985 – appeal allowed [2015] … Continue reading Cain v London Borough of Islington: UTLC 26 Mar 2015

The question which arises in these appeals is whether an RTM company can acquire the management of more than one set of premises as defined in section 72 of the Act. Patten, Gloster LJJ, Sir David Keene [2015] EWCA Civ 282 Bailii Commonhold and Leasehold Reform Act 2002 England and Wales Landlord and Tenant Updated: … Continue reading Triplerose Ltd v Ninety Broomfield Road: CA 27 Mar 2015

UTLC Landlord and Tenant – right to manage – whether initial notice must specify that RTM Company’s articles of association are available for inspection on a Saturday or Sunday -section 78(5)(b), Commonhold and Leasehold Reform Act 2002 – signature by a corporate secretary – whether notice invalid if section 44, Companies Act 2006 not complied … Continue reading Elim Court RTM Co Ltd v Avon Freeholds Ltd: UTLC 10 Sep 2014

UTLC LANDLORD AND TENANT – administration charges – covenant to pay costs of proceedings – whether costs incurred ‘in or in contemplation of’ proceedings under s.146, Law of Property Act 1925 – Freeholders of 69 Marina v Oram considered – s.81, Housing Act 1996 – ss.167-169, Commonhold and Leasehold Reform Act 2002 – appeal allowed … Continue reading Barrett v Robinson: UTLC 29 Jul 2014

This appeal is about the procedure which tenants in a block of flats must use if they wish to exercise their right under s79 of the Commonhold and Leasehold Reform Act 2002 to take away from the landlord the right to manage the property. Lord Justice Birss [2021] EWCA Civ 1658 Bailii, Judiciary England and … Continue reading Eastern Pyramid Group Corporation Sa v Spire House Rtm Company Ltd: CA 9 Nov 2021

Claim for judicial review of the withdrawal of an application made in connection with the acquisition of the right to manage a building containing self contained flats under the the 2002 Act. Lewis J [2014] EWHC 1229 (Admin) Bailii Commonhold and Leasehold Reform Act 2002 England and Wales Landlord and Tenant Updated: 02 December 2021; … Continue reading O Twelve Baytree Limited, Regina (on The Application of) v The Rent Assessment Panel: Admn 16 Apr 2014

UTLC LANDLORD AND TENANT – right to manage – claim for landlord’s costs incurred in connection with a notice of claim to acquire the right to manage – whether LVT entitled to conclude no costs incurred – adequacy of reasons – appeal allowed – s.88 Commonhold and Leasehold Reform Act 2002 Her Honour Judge Alice … Continue reading Columbia House Properties (No3) Ltd v Imperial Hall RTM Company Ltd: UTLC 30 Jan 2014

UTLC LANDLORD AND TENANT – right to manage – block of flats forming part of larger development – whether premises a self-contained building – whether structurally detached – appurtenant property – whether RTM acquired – whether point not taken in counter-notice may be relied on in opposition to RTM claim – Commonhold and Leasehold Reform … Continue reading Albion Residential Ltd v Albion Riverside Residents RTM Company Ltd: UTLC 14 Jan 2014

UTLC LANDLORD AND TENANT – right to manage – claim notice – validity – failure previously to serve a valid notice of intention to participate – Commonhold and Leasehold Reform Act 2002 ss 78 and 79 [2013] UKUT 603 (LC) Bailii England and Wales Landlord and Tenant Updated: 26 November 2021; Ref: scu.518805

UTLC Landlord and tenant — right to manage — whether a building structurally detached and therefore self-contained — Commonhold and Leasehold Reform Act 2002 section 72 Judge Huskinson [2013] UKUT 580 (LC) Bailii Commonhold and Leasehold Reform Act 2002 72 England and Wales Landlord and Tenant Updated: 26 November 2021; Ref: scu.518809

UTLC LANDLORD AND TENANT – right to manage – death of qualifying tenant and intending member of RTM Company before formation of company – whether deceased tenant still qualifying tenant when claim to acquire RTM made – effect of failure to give notice of invitation to participate and notice of claim to personal representatives or … Continue reading Assethold Ltd v 7 Sunny Gardens Road Rtm Company Ltd: UTLC 16 Oct 2013

UTLC LANDLORD AND TENANT – Right to manage – jurisdiction under section 84(3) of the Commonhold and Leasehold Reform Act 2002 [2013] UKUT 502 (LC) Bailii Commonhold and Leasehold Reform Act 2002 84(3) England and Wales Landlord and Tenant Updated: 25 November 2021; Ref: scu.517600

UTLC LANDLORD AND TENANT – breach of covenant – whether a breach had occurred – LVT finding only no breach at date of inspection – held on admitted facts breach had occurred -Commonhold and Leasehold Reform Act 2002 s168 – appeal allowed [2013] UKUT 479 (LC) Bailii Commonhold and Leasehold Reform Act 2002 168 England … Continue reading Forest House Estates Ltd v Al-Harthi: UTLC 26 Sep 2013

UTLC LANDLORD AND TENANT – Right to manage – giving of notice of invitation to participate – sections 78 and 111 of the Commonhold and Leasehold Reform Act 2002 – second claim notice – section 81(3) Sir Keith Lindblom P [2013] UKUT 213 (LC) Bailii Commonhold and Leasehold Reform Act 2002 78 111 England and … Continue reading Avon Freeholds Ltd v Regent Court RTM Co Ltd: UTLC 5 Jul 2013

UTLC LANDLORD AND TENANT – right to manage – claim notice – validity – whether claim notice may validly be signed by RTM company’s solicitor – whether necessary to identify appurtenant property in claim notice – ss.80-81, Commonhold and Leasehold Reform Act 2002- appeal dismissed Martin Rodger QC, Deputy President [2013] UKUT 598 (LC) Bailii … Continue reading Pineview Ltd v 83 Crampton Street RTM Company Ltd: UTLC 4 Dec 2013

UTLC LANDLORD AND TENANT – Administration Charges – purpose of covenant not to underlet without consent – charge for consent to underletting – whether payable in absence of express reference in lease – reasonableness – whether fee for registering underlease an administration charge – Landlord and Tenant Act 1927 s.19(1)(a) – Commonhold and Leasehold Reform … Continue reading Proxima Gr Properties Ltd v McGhee: UTLC 6 Feb 2014