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Found 40 results.

Breach of Covenant: Appeal as to whether a short-term ‘Airbnb’-style let was in breach of lease covenants (Triplerose Ltd v Beattie & Anor – 2020)

The latest in many cases relating to properties let on a short term basis through booking agencies such as Airbnb or booking.com, this case considers an appeal as to whether...

https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-appeal-as-to-whether-a-short-term-airbnb-style-let-was-in-breach-of-lease-covenants-triplerose-ltd-v-beattie-anor-2020/

Service Charges: Interpretation of ‘conclusive’ lease wording in service charge dispute (Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd – 2020)

In an application for summary judgment relating to a claim for service charges, was the Deputy Master at first instance correct to refuse to grant a money judgment in favour...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-interpretation-of-conclusive-lease-wording-in-service-charge-dispute-sara-hossein-asset-holdings-ltd-v-blacks-outdoor-retail-ltd-2020/

Breach of covenant: Burden of proof in claim for breach of covenant and evidence supplied at Tribunal (Eldersan Ltd v Covic (personal representative of Mrs Dusica Macrae-Brown deceased – 2019)

In a claim for breach of covenant in respect of alterations carried out at a property, the Upper Tribunal was asked to review whether the decision made by the First-tier...

https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-burden-of-proof-in-claim-for-breach-of-covenant-and-evidence-supplied-at-tribunal-eldersan-ltd-v-covic-personal-representative-of-mrs-dusica-macrae-brown-deceased-2019/

Possession notices: Whether the ‘reasonable recipient’ test applies when an error is made in a landlord’s possession notice (Pease v Carter – 2020)

Where a landlord makes an error in its notice seeking possession of a property, does the ‘reasonable recipient’ test set down in an earlier case apply such that the notice...

https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-notices-whether-the-reasonable-recipient-test-applies-when-an-error-is-made-in-a-landlords-possession-notice-pease-v-carter-2020/

Private nuisance claims: Whether ‘overlooking’ a property can be classed as a private nuisance (Fearn & Others v Board of the Trustees of the Tate Gallery – 2020)

Where members of the public are able to see inside adjacent private residential properties, does a cause of action in private nuisance exist in favour of the residents? The background...

https://www.jbleitch.co.uk/news-insights/case-law-comment/private-nuisance-claims-whether-overlooking-a-property-can-be-classed-as-a-private-nuisance-fearn-others-v-board-of-the-trustees-of-the-tate-gallery-2020/

A Reasonable Approach To Safety: Building Safety Case Success Under Section 27(A) Of The Landlord And Tenant Act

Further to other recent successes in building safety matters, JB Leitch have this week seen a determination at the First-tier tribunal, under section 27(a) of the Landlord and Tenant Act...

https://www.jbleitch.co.uk/news-insights/case-studies/case-success-under-section-27a-of-the-landlord-and-tenant-act/

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You need to be logged in to view our resources. To access this content, please contact the marketing team to register: s.sherlock@jbleitch.co.uk or complete the form below. If you have...

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Electronic apparatus installation: Whether a right exists to survey a site for the proposed installation of electronic communications apparatus (University of London v Cornerstone Telecommunications Infrastructure Ltd – 2019)

Does a communications operator have the right to access a site and survey it for suitability of an apparatus installation under the Electronic Communications Code contained at Schedule 3A to...

https://www.jbleitch.co.uk/news-insights/case-law-comment/electronic-apparatus-installation-whether-a-right-exists-to-survey-a-site-for-the-proposed-installation-of-electronic-communications-apparatus-university-of-london-v-cornerstone-telecommunications-i/

Rectification of contract: Whether contract terms can be rectified where a mistake was made during a transaction (FSHC Group Holdings Limited v Glas Trust Corporation Limited – 2019)

In large, complex transactions, it can be easy to miss a small piece of detail which is only noticed later on. This case discusses the Court’s approach to rectification of...

https://www.jbleitch.co.uk/news-insights/case-law-comment/rectification-of-contract-whether-contract-terms-can-be-rectified-where-a-mistake-was-made-during-a-transaction-fshc-group-holdings-limited-v-glas-trust-corporation-limited-2019/

Defending claims: The importance of pleading a defence to every point raised (Patel and another v Patel and others – 2019)

Where a defendant does not plead individual defences to every point raised in a claim, can the defence still meet the requirements of the Civil Procedure Rules and satisfy the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/defending-claims-the-importance-of-pleading-a-defence-to-every-point-raised-patel-and-another-v-patel-and-others-2019/

Execution of contract: Whether an electronic email signature is sufficient to deem satisfactory execution of a contract (Neocleous v Rees 2019)

Addressing whether an automatically generated email signature is considered as being signed for the purposes of satisfying section 2 of the Law of Property (Miscellaneous Provisions) Act 1989. The background...

https://www.jbleitch.co.uk/news-insights/case-law-comment/execution-of-contract-whether-an-electronic-email-signature-is-sufficient-to-deem-satisfactory-execution-of-a-contract-neocleous-v-rees-2019/

Injunction for breach of lease: Whether there was a serious issue to be tried where a tenant had breached the terms of its lease (Unique Pub Properties Ltd v Roddy & others – 2019)

Where a tenant entered into a lease of a public house and breached the terms requiring it to purchase goods exclusively from the landlord, is the issue considered a ‘serious...

https://www.jbleitch.co.uk/news-insights/case-law-comment/injunction-for-breach-of-lease-whether-there-was-a-serious-issue-to-be-tried-where-a-tenant-had-breached-the-terms-of-its-lease-unique-pub-properties-ltd-v-roddy-others-2019/

Civil Procedure Rules: The admission of new points raised on appeal (Notting Hill Finance Limited v Sheikh – 2019)

When a new point is raised during appeal which has not been addressed previously in the court below, should the new point be admitted and considered by the appeal court?...

https://www.jbleitch.co.uk/news-insights/case-law-comment/civil-procedure-rules-the-admission-of-new-points-raised-on-appeal-notting-hill-finance-limited-v-sheikh-2019/

Civil Procedure Rules: The Court’s approach to inaccurate time periods, drafting and correspondence (Evans v Pinsent Masons LLP – 2019)

The Court considered the importance of accurate calculation of time periods, accurate drafting of witness statements and complete and open correspondence with the Court and all parties. The background In Evans...

https://www.jbleitch.co.uk/news-insights/case-law-comment/civil-procedure-rules-the-courts-approach-to-inaccurate-time-periods-drafting-and-correspondence-evans-v-pinsent-masons-llp-2019/

Adverse possession: Can a claim for adverse possession succeed if the squatter never takes up possession or occupation?

Can a claim for adverse possession succeed if the squatter never takes up possession or occupation? The background In King and another v The Incumbent of the Benefice of Newburn in...

https://www.jbleitch.co.uk/news-insights/case-law-comment/adverse-possession-can-a-claim-for-adverse-possession-succeed-if-the-squatter-never-takes-up-possession-or-occupation/

Paving the way to Possession

Adverse possession: Whether paving was sufficient to support a claim for adverse possession. The background In Thorpe v Frank [2019], Mrs Thorpe made a claim for adverse possession of an area...

https://www.jbleitch.co.uk/news-insights/case-law-comment/paving-the-way-to-possession/

Replacement of Cladding

Whether the court considered the replacement of cladding inevitable in a defects claim. The background In Wharfside Regeneration (Ipswich) v Laing O’Rourke Construction South Ltd and others [2018], Laing O’Rourke (“Laing”)...

https://www.jbleitch.co.uk/news-insights/case-law-comment/replacement-of-cladding/

Contractual terms: are the UTCCR 1999 capable of re-writing other legislation?

Whether mandatory statutory provisions can be classed as ‘unfair contract terms’. The background Jones and another v Roundlistic Ltd [2018] concerned the lease of a property let for use as a...

https://www.jbleitch.co.uk/news-insights/case-law-comment/contractual-terms-are-the-utccr-1999-capable-of-re-writing-other-legislation/

A “Qualified” Success: Successfully challenging the validity of an application for the right to manage at the First-tier Tribunal

The JB Leitch litigation team were recently successful in a First-tier Tribunal matter challenging the validity of an application for the right to manage (RTM) under section 84(3) of the...

https://www.jbleitch.co.uk/news-insights/case-studies/a-qualified-success-successfully-challenging-the-validity-of-an-application-for-the-right-to-manage-at-the-first-tier-tribunal/

Validity of Dispensation Where Safety is Critical: Dispensation Granted Without Prejudice & Despite s.20 Consultation Error

The litigation team recently 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 dispensation from...

https://www.jbleitch.co.uk/news-insights/case-studies/validity-of-dispensation-where-safety-is-critical-dispensation-granted-without-prejudice-despite-s-20-consultation-error/

A Matter of No Appeal: Dispensation from section 20 consultation requirements and the variation of multiple leases

JB Leitch acted for the Right to Manage (RTM) Company of a property, (comprised of two residential apartment blocks of seventeen storeys with 182 individual apartments), with our team securing...

https://www.jbleitch.co.uk/news-insights/case-studies/a-matter-of-no-appeal-dispensation-from-section-20-consultation-requirements-and-the-variation-of-multiple-leases/

A Reasonable Remedy: Determination of reasonableness of service charges for structural repairs

On behalf of our landlord client, J B Leitch successfully applied to the First-tier Tribunal (FTT) for determination of reasonableness of service charges demanded from tenants in respect of structural...

https://www.jbleitch.co.uk/news-insights/case-studies/a-reasonable-remedy-determination-of-reasonableness-of-service-charges-for-structural-repairs/

Building Safety: A Matter of Urgency: Service Charge: Dispensation From Statutory Consultation Where Urgent Works Are Required

Where a landlord proposes to undertake urgent fire safety works at a residential block, can it obtain dispensation from the statutory consultation requirements under section 20 Landlord and Tenant Act...

https://www.jbleitch.co.uk/news-insights/case-studies/building-safety-a-matter-of-urgency-service-charge-dispensation-from-statutory-consultation-where-urgent-works-are-required/

The Importance Of Consent Remains Unaltered: Alterations To Property: Court Orders Reinstatement Of Property Following Unauthorised Alterations Made By Tenant

Where a tenant made alterations to a property without consent, this recent County Court decision determines the penalties to be imposed. JB Leitch successfully represented the management company in this...

https://www.jbleitch.co.uk/news-insights/case-studies/the-importance-of-consent-remains-unaltered-alterations-to-property-court-orders-reinstatement-of-property-following-unauthorised-alterations-made-by-tenant/

Critical Communication: Service Charge: Dispensation from statutory consultation procedure to undertake fire safety works

A management company proposed to carry out urgent fire safety works to three properties forming part of a development and made an application to the First-tier Tribunal for dispensation from...

https://www.jbleitch.co.uk/news-insights/case-studies/critical-communication-service-charge-dispensation-from-statutory-consultation-procedure-to-undertake-fire-safety-works/

A Notable Event? Service Charge: First-tier Tribunal refusal of an application by the ultimate freeholder for amendment to service charge apportionment

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-studies/a-notable-event-service-charge-first-tier-tribunal-refusal-of-an-application-by-the-ultimate-freeholder-for-amendment-to-service-charge-apportionment/

Possession Claims: Court of Appeal test for determination of possession claims which are disputed on ‘substantial’ grounds (Global 100 Ltd v Maria Laleva – 2021)

The Court of Appeal sets down its test for determination of a possession order where the claim is disputed ‘on grounds which appear to be substantial’. The background In Global 100...

https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-claims-court-of-appeal-test-for-determination-of-possession-claims-which-are-disputed-on-substantial-grounds-global-100-ltd-v-maria-laleva-2021/

Forfeiture: Whether occupation constituted a lease to allow application for forfeiture to succeed (Bhat and another v Patel and another – 2021)

Where a landlord wished to forfeit a lease as a result of arrears of rent, the High Court considered whether the agreement between the parties constituted a lease or a...

https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-occupation-constituted-a-lease-to-allow-application-for-forfeiture-to-succeed-bhat-and-another-v-patel-and-another-2021/

Refusing a Lease Renewal In Favour Of a Building Lease

Whether a landlord could demonstrate firm intention to redevelop property. The background In Santander UK plc v LPC Estates Ltd [2018], the applicant requested the grant of a new lease from...

https://www.jbleitch.co.uk/news-insights/case-law-comment/refusing-a-lease-renewal-in-favour-of-a-building-lease/

Quia Timet Injunctions and the Unknown

Circumstances when a property owner may obtain an injunction in advance against parties unknown. The background In Vastint Leeds BV v Persons Unknown [2018], the landowner’s property, which was reserved for...

https://www.jbleitch.co.uk/news-insights/case-law-comment/quia-timet-injunctions-and-the-unknown/

Service charges on account without certification

Whether sums demanded on account of service charge were reasonable. The background In Wigmore Homes (UK) Ltd v Spembly Works Residents Association Ltd [2018], the property consisted of a converted factory...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-on-account-without-certification/

Rent Review

Whether a tenant was liable for an unexpected increase in index-linked rent. The background Trillium (Prime) Property GP Ltd v Elmfield Road Ltd [2018] concerned a commercial reversionary lease of office...

https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review/

Relief against forfeiture

Whether relief requires an occupier to enjoy proprietary or possessory rights. The background In Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd [2018], the respondent Vauxhall enjoyed rights granted in...

https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-against-forfeiture/

Service and validity of notices

Highlighting the importance of accuracy in notices served under a lease. The background In Ropemaker Properties Ltd and another v Bella Italia Restaurants Ltd [2018], the claimant landlord entered into an...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-and-validity-of-notices/

Rights of way over access to land

Whether a right of way is held to be abandoned by erection of a fence. The background In Annetts v Adeleye [2018], a right of way to a strip of land...

https://www.jbleitch.co.uk/news-insights/case-law-comment/rights-of-way-over-access-to-land/

Service of proceedings

Whether special rules apply to litigants in person who fail to comply with the Civil Procedure Rules. The background In Barton v Wright Hassall LLP [2018], the unrepresented appellant sent a...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-proceedings/

Break notices

Whether a ‘registration gap’ invalidated service of a break notice. The background In Sackville UK Property Select II (GP) No. 1 Limited v Robertson Taylor Insurance Brokers Limited [2018], the residue...

https://www.jbleitch.co.uk/news-insights/case-law-comment/break-notices/

Modification of restrictive covenants

Circumstances where restrictive covenants in leases may be discharged or modified. The background In Re Holden [2018], an application was made to the Upper Tribunal to discharge restrictive covenants in a...

https://www.jbleitch.co.uk/news-insights/case-law-comment/modification-of-restrictive-covenants/

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