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Right to Manage: Whether Roof Voids Without Flooring Should Be Included in Internal Floor Area Calculations (Interface Properties Limited v 307 Barking Road RTM Company Limited – 2024)

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Recent Articles and Insights

Right to Manage: Whether Roof Voids Without Flooring Should Be Included in Internal Floor Area Calculations (Interface Properties Limited v 307 Barking Road RTM Company Limited – 2024)

Posted February 19, 2025

Tribunal Procedure: Whether Tribunal Proceedings Were Properly Commenced Where a Fee is Paid Later (Jevan v Athansiadi and Another – 2024)

Posted February 12, 2025

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Right to Manage: Whether Roof Voids Without Flooring Should Be Included in Internal Floor Area Calculations (Interface Properties Limited v 307 Barking Road RTM Company Limited – 2024)

Tribunal Procedure: Whether Tribunal Proceedings Were Properly Commenced Where a Fee is Paid Later (Jevan v Athansiadi and Another – 2024)

Right to Manage: JB Leitch Acts in Key Appeal on the Interpretation of Section 72(3) Commonhold and Leasehold Reform Act 2002

Breach of Lease & Relief from Forfeiture: Whether a Tenant Breached the Permitted Use of a Property Following Suspension from their Regulatory Body (Bijlani v Medical Express (London) Ltd – 2024)

CASE UPDATE: JB Leitch Receives Consent to Appeal to the Court of Appeal in Proceedings Relating to Contractual Interpretation and the Meaning of ‘Reasonable’ in Contractual Disputes.

Breach of Covenant: JB Leitch Succeeds in Strike Out Application on the Grounds That the Upper Tribunal Does Not Have Jurisdiction

Right to Manage: Whether a Leaseholder Was Classed as a Qualifying Tenant During the “Registration Gap” (Avon Freeholds Limited v Cresta Court E RTM Company Ltd – 2024)

Jurisdiction & Costs: Definitive Ruling as to Definition of “Unreasonably” Under Rule 13 of the Tribunal Rules (Lea and others v GP Ilfracombe Management Co Ltd – 2024)

S.20C Orders: JB Leitch Successfully Appeals s.20C Order Made by First-tier Tribunal on Behalf of Freeholder Client

The Meaning of Contractual Reasonableness: Issues to be Decided by the Court of Appeal

Civil Procedure: Whether the Court was Right to Strike Out a Claim Due to Delays Caused by its Own Processes (Keith v Benka and Another – 2023)

Rights of First Refusal: Whether Qualifying Tenants are Entitled to Acquire the Freehold of an Estate Containing Multiple Buildings

Service Charge: Whether Costs of Works Commissioned by a Leaseholder Were Recoverable Through the Service Charge (Thirty One Crescent Grove Ltd v Atherden – 2024)

Service Charge: Whether a Landlord Had Conducted Adequate Statutory Consultation with Leaseholders (Ambercrown Ltd v Perrett and another – 2024)

Whether an Earlier Settlement Agreement Prevented a Landlord from Seeking Forfeiture (29 Buckland Crescent Management Company Ltd v White – 2024)

Breach of Covenant: Whether Acceptance of Rent by an Agent Amounted to a Waiver of Breach of Lease (The Tropical Zoo Ltd v Hounslow LBC – 2024)

Repairing Obligations: Whether a Landlord Was Entitled to Undertake Repairs Using a System Which Required Additional Apparatus (Triplark Ltd v Calvert and others – 2024)

Building Safety: Grant of a Remediation Order Where a Landlord Has Been Proactive in Dealing with Fire Safety Issues (Di Bari and others v Avon Ground Rents Ltd – 2024)

Rational or Reasonable? A Recent Case Highlights Clarifies the Meaning of Contractual Reasonableness.

Adverse Possession: Whether a Failure to Speak Prevented a Defendant from Asserting Title to a Loft Space (Massouri v Omani Estates Ltd – 2024)

Service Charges: The Legal Implications of a Tenant Paying Service Charges Demanded (Poplar Housing and Regeneration Community Association Ltd v Khan – 2024)

Property Management: Whether a Property Management Company Owed a Tenant a Duty of Care in Respect of Independent Contractors (Shamsan v 44-49 Lowndes Square Management Company Ltd – 2024)

Court of Appeal to Review Whether Service by Post of Prescribed Information Invalidated S.21 Notice (D’Aubigny v Khan & Anor – 2023)

Property Management: Whether a Manager Appointed by the FTT Can Be an “Accountable Person” Under the Building Safety Act 2022 (Unsdorfer v Octagon Overseas Limited and Others – 2024)

Service Charge: Whether an Application for Determination Should Have Been Struck Out Where the Relevant Period Related to an Earlier Application (Connell and another v Beal Developments Ltd and others – 2024)

Service Charge: Whether Leases Should Be Varied to Allow For a Change in the Computation of Service Charges (Tower Hamlets Community Housing Ltd v Leaseholders of Painter House – 2024)

Service Charge: Whether Service Charge was Payable in Respect of Roof Repairs (Crisplane Ltd v Plymouth Community Homes Ltd – 2024)

Lease Extension: Assessing Comparables, Adjustments and Value of 1993 Act Rights in Valuation of a Lease Extension (Daejan Investments Ltd v Nigel and another – 2024)

Service Charge: Whether a Landlord Waived its Right to Forfeit a Lease Where Proceedings are Issued in Respect of Unpaid Service Charge (Clemente v Mindmere Limited – 2024)

Consent for Alterations: Whether Consent Was Reasonably Withheld Where the Tenant Changed its Proposed Alterations (Messenex Property Investments Ltd v Lanark Square Ltd – 2024)