2013 Case Law Updates

Service Charges & Estate Management September 2013 Update

                          London Borough of Southwark v Woelke... more »

Daejan Investments Ltd v Benson [2013] UKSC 14; [2013] 1 W.L.R. 854

Summary By a majority (3:2) the Supreme Court overruled the decisions of all lower Courts and tribunals and granted the landlord dispensation... more »

Where do leaseholder now stand as a result of two landmark cases?

Jonathan Upton asks where leaseholders now stand as a result of two landmark cases that change the way Section 20 consultations must... more »

Tobicon Limited v Collinson [2013] UKUT 047(LC)

Summary Where a party is not served with the proceedings but is aware of them and chooses not to take part, the UT has a discretion... more »

Carey-Morgan v de Walden [2013] UKUT 0134 (LC)

Summary The freeholder had threatened to forfeit the intermediate landlord’s headlease if, in breach of covenant, no full time... more »

Hillfinch Properties Ltd v Lessees of Southbourne Court [2013] UKUT 096 (LC)

Summary The FTT had erred in failing to consider whether the tenants’ ability to afford the works when determining that the... more »

Brickfield Properties Limited v Botten [2013] UKUT 0133 (LC)

Summary The FTT has jurisdiction to order a variation of leases to take effect from a date prior to the FTT’s decision and prior... more »

Morshead Mansions Ltd v Mactra Properties Ltd [2013] EWHC 224 (Ch)

Summary:  The tenant was entitled to an order for the furnishing of service charge accounts.  Contrary to the landlord’s... more »

Phillips v Francis [2012] EWHC 3650 (Ch D)

This is an important case on the meaning of “qualifying works” in s.20 and s.20ZA of the 1985 Act.  The case decides... more »

Arnold v Britten [2012] EWHC 3451 (Ch)

There is no special principle that a service charge clause in a lease (1) should not be construed (in the absence of clear words) so... more »