Charles Jamieson from Bishop & Sewell discusses the part prejudice may have to play in Tribunal decision making.

Katie Edwards from JB Leitch, looks at recent case law to provide advice and clarification on the process of consultation.

Katie Edwards and Phil Parkinson of JB Leitch, provide a cautionary tale for landlords on the need to provide communication with insurers.

JB Leitch’s Katie Edwards looks at how ongoing & recent case law will impact property management in 2020.

Laura Severn of LMP Law provides us with a case study about ensuring that service charges are reasonably incurred.

Ana Kandri, Legal Adviser at LEASE offers advice based on recent some of the cases around right to manage issues.

Summer 2019 has seen several court decisions being made with relation to disputes regarding residential properties.

Katie Edwards, Associate at JB Leitch advises on the management of estates and outdoor common areas where RTM companies are involved.

Is there a need to establish disrepair from the tribunal to appoint a manager under Section 24 of the Landlord & Tenant Act 1987?

Laura Severn, Director at LMP Law reflects on the recent ruling in the case of Fearn & Ors v The Board of Trustees of the Tate Gallery.

2018 has seen an influx of articles offering differing opinion on various aspects of the leasehold industry.

Under strict interpretation of lease terms, many leaseholders are found to be responsible for the costs (payable via their service charges).

This case provided handy guidance for all parties involved in Major Works, as small variances do very often occur as works commence.

The question as to whether an advance request for payment is reasonable will depend on all the circumstances and specific facts of the case.

This case was a dispute involving outstanding works at a holiday home site in the Cotswolds called “Waters Edge.”

While the court did not adopt the Parthenia model, the  Government has asked the Law Commission to look at “the simplification of valuations.”

For leasehold properties, there are often provisions within the lease to prevent the keeping of pets.

The Court of Appeal decided that the management agreement in question was for more than 12 months and therefore a QLTA.

2018 legal review | HMRC has issued new guidance surrounding VAT for site-based staff on leasehold developments.

2018 Legal Review – Bermondsey Exchange Freeholders Ltd v Ninos Koumetto (as Trustee in bankruptcy of Kevin Conway)

Anastasia Mavroudis at Bishop & Sewell, looks at the recent news story of Charles McCadden and the forfeiture of his north London flat.

Neil Jinks from Realty Law looks at the recent tribunal case and why it is a reminder that estimating service charges is a dynamic process.

Richard Murphy at Richard John Clarke Chartered Surveyors looks at the recent Court of Appeal case of Mundy v Sloane Stanley (2018).

On 9 March the decision in Firstport Property Services Limited v The various long leaseholders of Citiscape was delivered The F-t T.

Richard has a BSc in Estate Management from the University of Reading University and specialises in Leasehold Extensions and Compulsory Purchase. 

Going to Tribunal will involve issuing an application, the forms for which can be downloaded from the Tribunal website.

Many a dispute arises between a landlord and tenant in the course of a tenancy, but many concern service charge costs.

Should leaseholders pay for their repair asks Nicholas Kissen, Senior Legal Advisor at LEASE.

Is it a Lessee’s charter to avoid payment of service charges asks Karen Bright, Partner at Bishop & Sewell.

The latest legal update on a recent case, by Ranjeet Johal, Mills Chody LLP & Jeff Hardman, New Square Chambers.

The recent High Court decision in Octagon Overseas Limited v Coates provides noteworthy commentary on the jurisdiction of the County Court.

A QLTA is a Qualifying Long Term Agreement, an agreement entered into by or on behalf of the Landlord for a term of more than 12 months.

When considering letting out your property on a short-term basis, the starting point should always be to read the terms of your lease.

Read the latest legal update for May 2017 from New Square Chambers.

Primeview Developments Limited v Ahmed and Others [2017] UKUT 57 (LC) – By Alexander Campbell, Barrister Arden Chambers.

The London Borough of Hounslow v Waaler [2017] EWCA Civ 45. By Ranjeet Johal, Solicitor, Mills Chody & Jeff Hardman, Barrister, Arden Chambers.

The recent high court case has made changes about whether planning permission is required for residential basement developments.

Read the latest case updates and tribunal decisions with Sam Madge-Wyld from Arden Chambers.

Read the latest Case Law update: Kateb v Howard De Walden Estates Ltd [2016] EWCA Civ 1176.

Stuart Merrison of Bishop & Sewell LLP discusses the recent case of the Leaseholders of Foundling Court and O’Donnell Court.

Read the latest case updates and tribunal decisions from the team at Arden Chambers.

Taking control of goods can be one of the quickest ways of enforcing a judgment and so has become a very popular method more recently.

Given the rise of short-term lets, particularly the growing popularity of platforms such as AirBnB, a number of cases has come to light.

Failure to recover debts owed may result in severe consequences for the person or business seeking to recover those sums.

Yashmin Mistry at JPC Law looks at the significant changes to the Housing Act, passed on 12th May 2016 but not published until 24th May.

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 as to entitle the landlord to a profit over and above reimbursement of his costs…

Jonathan Upton looks at a landmark decision that has consequences for flat owners going for right to manage in multi-block development.

A case lw update re Johnson v County Bideford [2012] UKUT 457 (LC).

In these cases HHJ Gerald makes it clear that FTTs do not have jurisdiction to determine issues not identified by the parties (in their statements of case).

The property at the centre of the dispute was a freehold building comprising five flats, each of which was held by a qualifying tenant.

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

The First-tier Tribunal (FTT) is an independent body who review varying leasehold disputes and problems.

The FTT had erred in failing to consider whether the tenants’ ability to afford the works when determining that the works were reasonably incurred. 

The freeholder had threatened to forfeit the intermediate landlord’s headlease if, in breach of covenant, no full time resident caretaker was employed.

A stage 2 consultation notice which notified the tenants of the landlord’s intention to instruct its preferred contractor was merely notice of a provisional intention so that the lessees were not put off from making observations.

Summary: In a claim for rectification by construction, the trial judge (Roth J) accepted the landlord’s (Daejan) contention that “premises” meant “house” in a service charge clause in a lease and granted a declaration to that effect. Allowing the appeal, the…

In many cases it will not be necessary for the landlord to provide the tenants will “full accounts”.  A distinction must be drawn between good accountancy practice and the requirements of the lease. 

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

Flat Living Magazine – Case Law update – This case offers a useful analysis of when a term will be implied into a lease. 

A recent case heard in the Court of Appeal means landlords may have to pay for internal repairs, says ARMA.

Ellodie Gibbons explains the appeals process and offers flat owners advice on what to do if you are unhappy with an FTT decision.