Search
Found 40 results.
What constitutes a landlord’s lack of repair? The background The Appellant occupied a Victorian-era property owned by the Respondent landlord under a 2009 tenancy. The Respondent covenanted to: “…keep in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/sternbaum-v-dhesi-2016/
Landlords and tenants should be aware of the risks The ease of booking accommodation online has led to a significant increase in recent years in the number of short-term lettings...
https://www.jbleitch.co.uk/news-insights/case-law-comment/subletting-why-short-term-lets-can-land-a-tenant-in-long-term-trouble/
Costs awarded in favour of client This article focuses on a successful appeal brought by JB Leitch Ltd, against a costs order awarded by the Court in favour of a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/successful-forfeiture-appeal-for-jb-leitch/
Whether modernisation works could be classed as repairs to a property The background The respondents occupied flats within a block which was managed by the appellant management company. The appellant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tedworth-north-management-ltd-v-miller-and-ogorodnov-2016/
When assessing premises for suitability of telecommunications apparatus installation, if a telecommunications provider is denied access can it obtain interim code rights to permit it to enter and undertake a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/telecommunications-interim-code-rights-rights-of-access-to-assess-suitability-for-telecommunications-installation-ee-ltd-and-another-v-london-underground-ltd-2021/
Practical knowledge of the property necessary Background The management company for this residential development paid rent to the landlord for the property’s gym and concierge office, along with a monthly...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-gateway-leeds-management-v-naghash-2015/
Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (“Rule 13”) is starting to bite in the FTT. The impact of Rule 13 has been handily summarised...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-impact-of-rule-13-at-the-first-tier-tribunal/
Appointment of an LPA Receiver Law of Property Act Receivers (“LPA Receivers”) are persons appointed to deal with property by those with an interest in it, such as a chargeholder,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-rights-of-lpa-receivers-over-rtm-properties/
Continued short-term lettings in breach of a lease The background In Ashley Gardens Freeholds Ltd v Landor [2017], the tenant had already been the subject of two Tribunal decisions; in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-risks-of-holiday-season/
Service charge apportionments between estate tenants The background The respondent tenant occupied a flat under a long lease at a low ground rent, granted by the appellant landlord. The property...
https://www.jbleitch.co.uk/news-insights/case-law-comment/thomas-homes-ltd-v-macgregor-2016/
Trainee Solicitor Victoria Bottomley looks at the increasingly prevalent subject of the conversion of commercial premises for residential use, providing insight into the key matters landlords should consider. In the...
https://www.jbleitch.co.uk/news-insights/blogs/time-to-convert/
In a case where there was an acknowledged interference with property, was the interference substantial enough to require an injunction and/or a substantial award of damages? The background In Clochfaen...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trespass-of-property-whether-a-trespass-of-property-was-substantial-enough-to-warrant-an-award-of-damages/
Can the First-Tier Tribunal consider an issue not raised by the parties? The background Southern Land Securities Limited v Poole [2017] concerned a claim by a landlord for the recovery...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tribunal-procedure/
Freeholder compensation during two-stage enfranchisement Freeholder not entitled to compensation in two-stage enfranchisement Each of eight residential flats at a property reserved a ground rent of £300 per annum. A...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trustees-of-the-alice-ellen-cooper-dean-charitable-foundation-v-greensleeves-owners-limited-2015/
The importance of clear drafting in documentation The background Jones & another v Oven & another [2017] concerned a Transfer between the claimants and the defendants’ predecessors in title. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/understanding-what-each-party-intended/
Elysian Fields Management Company Ltd -v- John and Patricia Nixon and Imperial Buildings Management Company Ltd -v- John Nixon [2015]: Upper Tribunal allows appeal in service charge payments claims. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-allows-appeal-in-service-charge-payments-claims/
Effective usage of reserve fund Caribax v Hinde House Management Company [2015]: Upper Tribunal decides in favour of tenants in service charge reserve fund dispute. Seven tenants of flats in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-decides-in-favour-of-tenants-in-service-charge-reserve-fund-dispute/
Whether the First-tier Tribunal had jurisdiction to dismiss a freeholder’s application to strike out a leaseholder’s claim The background In Marlborough Park Services Ltd v Leitner [2018], the parties were...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-upholds-appeal/
Does a service charge shortfall mean that service charge provisions are unsatisfactory? The background The Mayor and Burgesses of the London Borough of Camden v Morath [2019] concerned a 99-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/variation-of-residential-lease/
Tenant expelled from Co-Operative Respondent Smith was granted a weekly tenancy of a ground floor flat in London on several conditions: The Respondent was not to be the owner or...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vine-housing-co-operative-ltd-v-mark-smith-2015/
The effect of a side letter on capped rent and rent review of commercial premises The background The claimant tenant occupied the basement and ground floor premises as a retail...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vivienne-westwood-ltd-v-conduit-street-development-ltd-2017/
When a tenant breaches the terms of his lease the landlord has a range of options that may be utilised in order to remedy the breach. Undoubtedly the most powerful...
https://www.jbleitch.co.uk/news-insights/case-law-comment/waiver/
When assessing an action against a water and sewage undertaker in respect of sewage discharge, is the claim actionable under the Water Industry Act 1991 or under private law? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/water-industry-act-1991-action-whether-sewage-discharge-into-canal-was-actionable-in-private-law-manchester-ship-canal-company-ltd-v-united-utilities-water-ltd-2021/
Whether a binding contract for disposition exists to pass title in property The background This forfeiture claim was brought by JB Leitch on behalf of our freehold client, concerning the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/west-lancashire-investments-limited-v-duckworth-2017/
Court of Appeal overturns unpopular and controversial Phillips v Francis decision Francis & Anor – v – Phillips & Anor & Ors [2014] EWCA Civ 1395 Landlords can breathe a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/when-is-a-landlord-required-to-consult-for-works/
Where the freeholder of a property advises lessees that it is assuming responsibility from the management company for the delivery of services, and subsequently makes a demand for payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/whether-service-charges-were-reasonable-where-services-are-provided-by-a-landlord-who-assumes-responsibility-adriatic-land-1-gr3-ltd-v-miller-and-others-2019/
Earlier this week, the litigation team secured another success for a dispensation matter at the First tier Tribunal (FTT). Despite error in the s.20 consultation process, we successfully argued that...
https://www.jbleitch.co.uk/news-insights/blogs/with-urgency-without-prejudice/
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (WWW.JBLEITCH.CO.UK). YOUR USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS AS AT THE DATE OF YOUR...
https://www.jbleitch.co.uk/help/terms-and-conditions/
Principal Associate TALK ABOUT YOUR TIME HERE, WHAT CHALLENGES DID YOU FACE AND HOW WERE THEY OVERCOME? I have worked at JB Leitch for over 11 years and whilst working...
https://www.jbleitch.co.uk/careers/katie-edwards-journey/
Business Development Executive WHAT WAS YOUR FIRST ROLE WITH JBL? My first role was as an office junior, supporting general administration and filing duties. With time and training I became...
https://www.jbleitch.co.uk/careers/christian-cameron-journey/
Associate WHAT WERE YOUR FIRST IMPRESSIONS OF THE FIRM WHEN YOU JOINED? Everyone was really friendly and approachable, from the most junior to senior positions. TALK ABOUT YOUR TIME HERE,...
https://www.jbleitch.co.uk/careers/victoria-bottomley-journey/
JB Leitch secure an important determination at the First-tier Tribunal for the recoverability of costs for urgent fire safety work costs under the service charge. With considerable attention being given...
https://www.jbleitch.co.uk/news-insights/firm-news/fire-safety-works-cost-recovery-via-the-service-charge/
Where a landlord requires service charge contributions from tenants towards the cost of major works but has breached the statutory consultation procedure, is the tenant liable for the payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-payability-of-service-charges-where-section-20-consultation-procedure-was-not-followed-collingwood-and-others-v-carillon-house-eastbourne-ltd-2021/
Where a landlord lets bedrooms within a House in Multiple Occupation (“HMO”) without an HMO licence, and tenants subsequently vacate the property due to its poor condition, the Upper Tribunal...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-repayment-order-letting-of-property-as-house-in-multiple-occupation-without-a-licence-williams-v-parmar-others-2021/
In a case concerning a breach of a lease’s prohibition against subletting, can the Tribunal make a determination where there is evidence that the landlord waived the breach? The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-the-tribunal-can-determine-breach-of-lease-where-landlord-has-waived-the-breach-bedford-v-paragon-asra-housing-ltd-2021/
Where a tenant sought to renew its business tenancy but the landlord opposed the grant on the grounds of its own wish to occupy for business purposes, the High Court...
https://www.jbleitch.co.uk/news-insights/case-law-comment/business-tenancies-whether-a-landlord-had-requisite-intention-to-occupy-when-opposing-new-tenancy-macey-v-pizza-express-restaurants-limited-2021/
JB Leitch successfully defended an application made by the freeholder of a mixed-use block for amendment to the service charge proportions specified within the residential head lease at the property...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-first-tier-tribunal-refuses-application-by-ultimate-freeholder-for-amendment-to-service-charge-apportionment-hvm-crystal-house-ltd-v-rmb-102-ltd-2021/
The Court of Appeal considered where a decision of the First-tier Tribunal (“FTT”) on an application under section 27A of the Landlord and Tenant Act 1985 (“the 1985 Act”) can...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enforcement-of-first-tier-tribunal-decisions-termhouse-clarendon-court-management-limited-v-al-blahaa-2021/
In a church’s claim for an easement by prescription over a vehicular access track used by the church’s congregation, the Upper Tribunal considers whether the need for ‘occasional’ use is...
https://www.jbleitch.co.uk/news-insights/case-law-comment/easement-by-prescription-lost-modern-grant-whether-occasional-use-when-claiming-an-easement-is-an-absolute-requirement-hughes-v-incumbent-of-the-benefice-of-frampton-on-severn-a/
Page 10 of 18
Top 35 results.
What constitutes a landlord’s lack of repair? The background The Appellant occupied a Victorian-era property owned by the Respondent landlord under a 2009 tenancy. The Respondent covenanted to: “…keep in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/sternbaum-v-dhesi-2016/
Landlords and tenants should be aware of the risks The ease of booking accommodation online has led to a significant increase in recent years in the number of short-term lettings...
https://www.jbleitch.co.uk/news-insights/case-law-comment/subletting-why-short-term-lets-can-land-a-tenant-in-long-term-trouble/
Costs awarded in favour of client This article focuses on a successful appeal brought by JB Leitch Ltd, against a costs order awarded by the Court in favour of a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/successful-forfeiture-appeal-for-jb-leitch/
Whether modernisation works could be classed as repairs to a property The background The respondents occupied flats within a block which was managed by the appellant management company. The appellant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tedworth-north-management-ltd-v-miller-and-ogorodnov-2016/
When assessing premises for suitability of telecommunications apparatus installation, if a telecommunications provider is denied access can it obtain interim code rights to permit it to enter and undertake a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/telecommunications-interim-code-rights-rights-of-access-to-assess-suitability-for-telecommunications-installation-ee-ltd-and-another-v-london-underground-ltd-2021/
Practical knowledge of the property necessary Background The management company for this residential development paid rent to the landlord for the property’s gym and concierge office, along with a monthly...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-gateway-leeds-management-v-naghash-2015/
Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (“Rule 13”) is starting to bite in the FTT. The impact of Rule 13 has been handily summarised...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-impact-of-rule-13-at-the-first-tier-tribunal/
Appointment of an LPA Receiver Law of Property Act Receivers (“LPA Receivers”) are persons appointed to deal with property by those with an interest in it, such as a chargeholder,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-rights-of-lpa-receivers-over-rtm-properties/
Continued short-term lettings in breach of a lease The background In Ashley Gardens Freeholds Ltd v Landor [2017], the tenant had already been the subject of two Tribunal decisions; in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/the-risks-of-holiday-season/
Service charge apportionments between estate tenants The background The respondent tenant occupied a flat under a long lease at a low ground rent, granted by the appellant landlord. The property...
https://www.jbleitch.co.uk/news-insights/case-law-comment/thomas-homes-ltd-v-macgregor-2016/
Trainee Solicitor Victoria Bottomley looks at the increasingly prevalent subject of the conversion of commercial premises for residential use, providing insight into the key matters landlords should consider. In the...
https://www.jbleitch.co.uk/news-insights/blogs/time-to-convert/
In a case where there was an acknowledged interference with property, was the interference substantial enough to require an injunction and/or a substantial award of damages? The background In Clochfaen...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trespass-of-property-whether-a-trespass-of-property-was-substantial-enough-to-warrant-an-award-of-damages/
Can the First-Tier Tribunal consider an issue not raised by the parties? The background Southern Land Securities Limited v Poole [2017] concerned a claim by a landlord for the recovery...
https://www.jbleitch.co.uk/news-insights/case-law-comment/tribunal-procedure/
Freeholder compensation during two-stage enfranchisement Freeholder not entitled to compensation in two-stage enfranchisement Each of eight residential flats at a property reserved a ground rent of £300 per annum. A...
https://www.jbleitch.co.uk/news-insights/case-law-comment/trustees-of-the-alice-ellen-cooper-dean-charitable-foundation-v-greensleeves-owners-limited-2015/
The importance of clear drafting in documentation The background Jones & another v Oven & another [2017] concerned a Transfer between the claimants and the defendants’ predecessors in title. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/understanding-what-each-party-intended/
Elysian Fields Management Company Ltd -v- John and Patricia Nixon and Imperial Buildings Management Company Ltd -v- John Nixon [2015]: Upper Tribunal allows appeal in service charge payments claims. The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-allows-appeal-in-service-charge-payments-claims/
Effective usage of reserve fund Caribax v Hinde House Management Company [2015]: Upper Tribunal decides in favour of tenants in service charge reserve fund dispute. Seven tenants of flats in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-decides-in-favour-of-tenants-in-service-charge-reserve-fund-dispute/
Whether the First-tier Tribunal had jurisdiction to dismiss a freeholder’s application to strike out a leaseholder’s claim The background In Marlborough Park Services Ltd v Leitner [2018], the parties were...
https://www.jbleitch.co.uk/news-insights/case-law-comment/upper-tribunal-upholds-appeal/
Does a service charge shortfall mean that service charge provisions are unsatisfactory? The background The Mayor and Burgesses of the London Borough of Camden v Morath [2019] concerned a 99-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/variation-of-residential-lease/
Tenant expelled from Co-Operative Respondent Smith was granted a weekly tenancy of a ground floor flat in London on several conditions: The Respondent was not to be the owner or...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vine-housing-co-operative-ltd-v-mark-smith-2015/
The effect of a side letter on capped rent and rent review of commercial premises The background The claimant tenant occupied the basement and ground floor premises as a retail...
https://www.jbleitch.co.uk/news-insights/case-law-comment/vivienne-westwood-ltd-v-conduit-street-development-ltd-2017/
When a tenant breaches the terms of his lease the landlord has a range of options that may be utilised in order to remedy the breach. Undoubtedly the most powerful...
https://www.jbleitch.co.uk/news-insights/case-law-comment/waiver/
When assessing an action against a water and sewage undertaker in respect of sewage discharge, is the claim actionable under the Water Industry Act 1991 or under private law? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/water-industry-act-1991-action-whether-sewage-discharge-into-canal-was-actionable-in-private-law-manchester-ship-canal-company-ltd-v-united-utilities-water-ltd-2021/
Whether a binding contract for disposition exists to pass title in property The background This forfeiture claim was brought by JB Leitch on behalf of our freehold client, concerning the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/west-lancashire-investments-limited-v-duckworth-2017/
Court of Appeal overturns unpopular and controversial Phillips v Francis decision Francis & Anor – v – Phillips & Anor & Ors [2014] EWCA Civ 1395 Landlords can breathe a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/when-is-a-landlord-required-to-consult-for-works/
Where the freeholder of a property advises lessees that it is assuming responsibility from the management company for the delivery of services, and subsequently makes a demand for payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/whether-service-charges-were-reasonable-where-services-are-provided-by-a-landlord-who-assumes-responsibility-adriatic-land-1-gr3-ltd-v-miller-and-others-2019/
Earlier this week, the litigation team secured another success for a dispensation matter at the First tier Tribunal (FTT). Despite error in the s.20 consultation process, we successfully argued that...
https://www.jbleitch.co.uk/news-insights/blogs/with-urgency-without-prejudice/
JB Leitch secure an important determination at the First-tier Tribunal for the recoverability of costs for urgent fire safety work costs under the service charge. With considerable attention being given...
https://www.jbleitch.co.uk/news-insights/firm-news/fire-safety-works-cost-recovery-via-the-service-charge/
Where a landlord requires service charge contributions from tenants towards the cost of major works but has breached the statutory consultation procedure, is the tenant liable for the payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-payability-of-service-charges-where-section-20-consultation-procedure-was-not-followed-collingwood-and-others-v-carillon-house-eastbourne-ltd-2021/
Where a landlord lets bedrooms within a House in Multiple Occupation (“HMO”) without an HMO licence, and tenants subsequently vacate the property due to its poor condition, the Upper Tribunal...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-repayment-order-letting-of-property-as-house-in-multiple-occupation-without-a-licence-williams-v-parmar-others-2021/
In a case concerning a breach of a lease’s prohibition against subletting, can the Tribunal make a determination where there is evidence that the landlord waived the breach? The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-the-tribunal-can-determine-breach-of-lease-where-landlord-has-waived-the-breach-bedford-v-paragon-asra-housing-ltd-2021/
Where a tenant sought to renew its business tenancy but the landlord opposed the grant on the grounds of its own wish to occupy for business purposes, the High Court...
https://www.jbleitch.co.uk/news-insights/case-law-comment/business-tenancies-whether-a-landlord-had-requisite-intention-to-occupy-when-opposing-new-tenancy-macey-v-pizza-express-restaurants-limited-2021/
JB Leitch successfully defended an application made by the freeholder of a mixed-use block for amendment to the service charge proportions specified within the residential head lease at the property...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-first-tier-tribunal-refuses-application-by-ultimate-freeholder-for-amendment-to-service-charge-apportionment-hvm-crystal-house-ltd-v-rmb-102-ltd-2021/
The Court of Appeal considered where a decision of the First-tier Tribunal (“FTT”) on an application under section 27A of the Landlord and Tenant Act 1985 (“the 1985 Act”) can...
https://www.jbleitch.co.uk/news-insights/case-law-comment/enforcement-of-first-tier-tribunal-decisions-termhouse-clarendon-court-management-limited-v-al-blahaa-2021/
In a church’s claim for an easement by prescription over a vehicular access track used by the church’s congregation, the Upper Tribunal considers whether the need for ‘occasional’ use is...
https://www.jbleitch.co.uk/news-insights/case-law-comment/easement-by-prescription-lost-modern-grant-whether-occasional-use-when-claiming-an-easement-is-an-absolute-requirement-hughes-v-incumbent-of-the-benefice-of-frampton-on-severn-a/
