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Found 40 results.
The background In Stampfer v Avon Ground Rents Ltd [2022], the appellant was the leaseholder of a flat held under a 125-year lease where the respondent was the freeholder of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/landlord-ground-rent/
Marc is responsible for the smooth running of the Facilities and Reception Departments. He ensures that all incoming communications are dealt with promptly, accurately and professionally. Marc implements and maintains...
https://www.jbleitch.co.uk/about-us/our-team/marc-santer/
JB Leitch acted for the applicant landlord in its successful application to the First-tier Tribunal for dispensation from the service charge consultation requirements under section 20 of the Landlord and...
https://www.jbleitch.co.uk/news-insights/firm-news/service-charge-consultation-jb-leitch-represents-landlord-in-successful-application-for-dispensation-from-consultation/
The Supreme Court issued its recent judgment addressing the circumstances where a grant of a possession order for a fixed-term, secure tenancy may be made. In particular, the judgment decides...
https://www.jbleitch.co.uk/news-insights/case-law-comment/whether-a-tenancy-agreement-could-be-terminated/
Service Charges: Assessing reasonableness of service charges demanded following earlier overpayments
Where tenants had overpaid service charges in previous years, were sums demanded by the landlord reasonable or was it required to set off overpayments against anticipated expenditure? The background In...
https://www.jbleitch.co.uk/news-insights/case-law-comment/landlord-service-charges/
When a partnership occupying a property under a purported licence enters into administration and a third party wishes to take possession, can a possession claim by trustees of the partnership...
https://www.jbleitch.co.uk/news-insights/case-law-comment/commercial-property-registered-title/
Where parties have entered into a development agreement subject to a restriction, can the court order removal of the restriction by way of interim remedy to permit the development to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-whether-an-agreed-restriction-on-title-can-be-removed-permitting-a-development-to-proceed/
JB Leitch acted for the applicant landlord in its successful application to the First-tier Tribunal for dispensation from the service charge consultation requirements under section 20 of the Landlord and...
https://www.jbleitch.co.uk/news-insights/firm-news/service-charge-consultation-dispensation-with-consultation-building-safety-fund-major-works-s-20za-landlord-and-tenant-act-1985-first-tier-tribunal-property-law-property-litigation-property-de/
Whether a writ of possession could be declared null and void in circumstances where the applicant had been protected by a mental health crisis moratorium at the time the writ...
https://www.jbleitch.co.uk/news-insights/case-law-comment/whether-a-writ-of-possession-eviction-proceedings-are-null-void-where-a-mental-health-crisis-moratorium-is-in-place-lees-v-kaye-and-another-2022/
Where knowledge of a leaseholder’s address is not passed to a landlord by its predecessor in title and ground rent demands are subsequently issued to the incorrect address, are ground...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-ground-rent-demand/
In this blog, Trainee Solicitor Katie Orr reviews a recent case success for JB Leitch which focused on the prevalent subject of serve charge apportionment… Our recent case success focused...
https://www.jbleitch.co.uk/news-insights/blogs/jb-leitch-case-success-service-charge-apportionments/
Following on from our recent article on our success in a recent service charge apportionment matter for building safety works, JB Leitch were last week week successful at the First-tier...
https://www.jbleitch.co.uk/news-insights/firm-news/jb-leitch-case-success-in-determining-the-reasonableness-of-service-charges/
Part of the wider litigation in the matter of Croydon London Borough Council v Kalonga [2022], the Court of Appeal considers a judicial review relating to the housing authority’s ability...
https://www.jbleitch.co.uk/news-insights/blogs/landlord-and-tenant-procedure/
Where restrictive covenants affect property such that redevelopment is not permitted, will the Upper Tribunal modify restrictions where they prevent a reasonable use of the property and offer no practical...
https://www.jbleitch.co.uk/news-insights/case-law-comment/restrictive-covenants-whether-restrictions-could-be-modified-to-permit-a-reasonable-use-of-the-property-dickinson-v-adams-and-another-2022/
Following a statutory transfer scheme which vested 3,700 Primary Care Trust properties, many occupied by GP practices, in NHS Property Services Ltd, were those GP practices liable for payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-for-nhs-properties-whether-service-charges-are-payable-by-gps-to-nhs-landlords-valley-view-v-nhs-property-services-ltd-2022/
Where a notice to quit agricultural premises was served on the wrong party, was the notice still valid where the recipient could have reasonably understood the purpose of the notice...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-notice-to-quit-whether-a-notice-was-valid-where-the-recipient-was-incorrect-but-had-knowledge-of-the-correct-tenant-turner-and-others-v-thomas-and-another-2022/
In our previous report, the Upper Tribunal considered an appeal as to whether a freeholder was entitled to charge a £30 fee for service of a s.166 notice to leaseholders...
https://www.jbleitch.co.uk/news-insights/case-law-comment/court-of-appeal-update-whether-a-freeholder-could-charge-fees-for-service-of-s-166-notice-that-ground-rent-is-due-stampfer-v-avon-ground-rents-ltd-2022/
This recent decision expands on our earlier case report in Axnoller Events v Brake [2021] whereby the High Court ruled on an application in respect of payment of costs where...
https://www.jbleitch.co.uk/news-insights/case-law-comment/civil-procedure-rules-whether-an-email-address-constitutes-a-valid-address-for-service/
Where an application made to strike out witness evidence is found to be disproportionate, should costs assessed on an indemnity basis be awarded? The background In Curtiss and others v...
https://www.jbleitch.co.uk/news-insights/case-law-comment/assessment-of-costs-whether-indemnity-costs-should-be-awarded-in-an-application-to-strike-out-evidence-curtiss-and-others-v-zurich-insurance-plc-2022/
Abbie is a Paralegal in the Technical and Complex Team. Abbie’s role includes assisting fee earners in First Tier Tribunal and litigated matters involving breaches of lease, service charges and...
https://www.jbleitch.co.uk/about-us/our-team/abbie-mcintyre/
As a member of the Credit Control Team, Tricia is responsible for the collection of outstanding invoices. Having worked in debt collection since 2000, Tricia has lots of experience in...
https://www.jbleitch.co.uk/about-us/our-team/tricia/
In recent weeks the introduction of the Leasehold Reform (Ground Rent) Act has brought to the fore the subject of ground rents and the implications for landlords under the new...
https://www.jbleitch.co.uk/news-insights/blogs/ground-rent-assured-tenancies-s-8-of-the-housing-act-1988/
Where discharges were made into a waterway which were unauthorised by the canal operator or by statute, did a private law claim exist in trespass or nuisance? The background In...
https://www.jbleitch.co.uk/news-insights/case-law-comment/environmental-law-whether-a-claim-in-trespass-or-nuisance-could-be-made-in-respect-of-unauthorised-discharges-manchester-ship-canal-company-ltd-v-united-utilities-water-ltd-2022/
Where a property is redeveloped and let to leaseholders on leases, were the terms of the leases admissible as evidence in proceedings concerning the interpretation of freehold transfers? The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-interpretation-of-management-company-obligations-in-transfers-of-freehold-properties-mostyn-house-estate-management-co-ltd-v-youde-2022/
Where tenants occupied an unlicensed HMO property, which was in a state of disrepair, and having raised complaints about the conduct of the landlord, how should rent repayment be calculated?...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-repayment-order-assessing-the-rent-to-be-repaid-to-tenants-by-the-landlord-of-an-unlicensed-hmo-simpson-house-3-ltd-v-osserman-and-others-2022/
When assessing damages in respect of breach of a repairing covenant, should the 10% uplift set out in Simmons v Castle be applied by the court? The background In Khan...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-damages-awarded-for-breach-of-covenant-to-repair-are-subject-to-a-10-uplift-khan-v-mehmood-2022/
Where the freeholder of a block of leasehold apartments objects to a planning application made in respect of a neighbouring property, can the costs incurred in making the objection be...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-costs-incurred-in-objecting-to-a-planning-application-were-recoverable-through-service-charge-dell-v-89-holland-park-management-ltd-2022/
Where demands for insurance rent are found to not comply with lease provisions, are leaseholders liable to cover the costs of the premium through insurance rent? The background In Assethold...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-insurance-rent-was-payable-where-insurance-charge-demands-were-not-valid-assethold-ltd-v-hoye-and-another-2022/
Emma is a Paralegal in the forfeiture team and she deals with pre-issue forfeiture documents. Emma’s main roles include preparing and sending Section 146 Notices, preparing possession claims and correspondence...
https://www.jbleitch.co.uk/about-us/our-team/emma-elder/
The nature of Sam’s role is to ensure the timely progression of the recovery of service charge payments that are in default. This is accomplished by contacting various parties tied...
https://www.jbleitch.co.uk/about-us/our-team/sam-higgs/
Cassian is a Trainee Solicitor in the Technical & Complex team. Cassian’s role predominantly includes drafting and amending claim forms and other supporting documentation to the court in arrears claims....
https://www.jbleitch.co.uk/about-us/our-team/cassian-chappill/
Whether a claim brought in the Technology and Construction Court should be struck out where remedial works undertaken were found to be too remote from the intended purpose of the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-assignment-of-collateral-warranties-and-the-effects-on-claims-brought-by-warranty-beneficiaries-orchard-plaza-management-company-limited-v-balfour-beatty-regional-construction-l/
This week JB Leitch is celebrating winning two awards in the Property Management 50 2022 accolades which recognise the excellence and contribution of leading individuals in raising standards in the...
https://www.jbleitch.co.uk/news-insights/firm-news/double-award-success-for-jb-leitch-solicitors/
Service charge recovery under the new building safety regime The introduction of the Building Safety Act presents a new framework and parameters for costs that relate to remediation which directly...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/service-charge-recovery-building-safety/
Expert Advice on Responding to Notices With a strong track record in fire and building safety matters, we are well versed in providing support and advice to landlords and management...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/enforcement-improvement-notices/
Advice on Limiting Liability and Mitigating the Risk of Claims Under Amended Legislation Assent of the Building Safety Act (2022) introduces amendments to the Defective Premises Act (DPA), and specifically...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/defective-premises/
Expert Advice in Developing Successful Applications Introduced in in March 2020 to fund the remediation of cladding on high-rise residential buildings (buildings over 18 metres), the Building Safety Fund (BSF)...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/the-building-safety-fund-applications/
Advising on Appropriate Cover With the BSA now being in force, landlords and building owners may need to consider alternative funding sources and the extent of third party liability prior...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/contracts-warranties-insurance/
Expert Advice to Ensure Reasonable Recovery Section 27A of the Landlord and Tenant Act (1985) allows both landlords and leaseholders to apply to the Tribunal for a determination as to whether...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/section-27a-cost-recovery/
Expert Advice on Understanding Your Role & Responsibilities The Building Safety Act 2022 (“BSA 2022”) and various secondary legislation has brought with it various new obligations for certain parties with...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/accountable-persons/
Page 13 of 18
Top 6 results.
Marc is responsible for the smooth running of the Facilities and Reception Departments. He ensures that all incoming communications are dealt with promptly, accurately and professionally. Marc implements and maintains...
https://www.jbleitch.co.uk/about-us/our-team/marc-santer/
Abbie is a Paralegal in the Technical and Complex Team. Abbie’s role includes assisting fee earners in First Tier Tribunal and litigated matters involving breaches of lease, service charges and...
https://www.jbleitch.co.uk/about-us/our-team/abbie-mcintyre/
As a member of the Credit Control Team, Tricia is responsible for the collection of outstanding invoices. Having worked in debt collection since 2000, Tricia has lots of experience in...
https://www.jbleitch.co.uk/about-us/our-team/tricia/
Emma is a Paralegal in the forfeiture team and she deals with pre-issue forfeiture documents. Emma’s main roles include preparing and sending Section 146 Notices, preparing possession claims and correspondence...
https://www.jbleitch.co.uk/about-us/our-team/emma-elder/
The nature of Sam’s role is to ensure the timely progression of the recovery of service charge payments that are in default. This is accomplished by contacting various parties tied...
https://www.jbleitch.co.uk/about-us/our-team/sam-higgs/
Cassian is a Trainee Solicitor in the Technical & Complex team. Cassian’s role predominantly includes drafting and amending claim forms and other supporting documentation to the court in arrears claims....
https://www.jbleitch.co.uk/about-us/our-team/cassian-chappill/
Top 7 results.
Service charge recovery under the new building safety regime The introduction of the Building Safety Act presents a new framework and parameters for costs that relate to remediation which directly...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/service-charge-recovery-building-safety/
Expert Advice on Responding to Notices With a strong track record in fire and building safety matters, we are well versed in providing support and advice to landlords and management...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/enforcement-improvement-notices/
Advice on Limiting Liability and Mitigating the Risk of Claims Under Amended Legislation Assent of the Building Safety Act (2022) introduces amendments to the Defective Premises Act (DPA), and specifically...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/defective-premises/
Expert Advice in Developing Successful Applications Introduced in in March 2020 to fund the remediation of cladding on high-rise residential buildings (buildings over 18 metres), the Building Safety Fund (BSF)...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/the-building-safety-fund-applications/
Advising on Appropriate Cover With the BSA now being in force, landlords and building owners may need to consider alternative funding sources and the extent of third party liability prior...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/contracts-warranties-insurance/
Expert Advice to Ensure Reasonable Recovery Section 27A of the Landlord and Tenant Act (1985) allows both landlords and leaseholders to apply to the Tribunal for a determination as to whether...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/section-27a-cost-recovery/
Expert Advice on Understanding Your Role & Responsibilities The Building Safety Act 2022 (“BSA 2022”) and various secondary legislation has brought with it various new obligations for certain parties with...
https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/accountable-persons/
Top 27 results.
The background In Stampfer v Avon Ground Rents Ltd [2022], the appellant was the leaseholder of a flat held under a 125-year lease where the respondent was the freeholder of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/landlord-ground-rent/
JB Leitch acted for the applicant landlord in its successful application to the First-tier Tribunal for dispensation from the service charge consultation requirements under section 20 of the Landlord and...
https://www.jbleitch.co.uk/news-insights/firm-news/service-charge-consultation-jb-leitch-represents-landlord-in-successful-application-for-dispensation-from-consultation/
The Supreme Court issued its recent judgment addressing the circumstances where a grant of a possession order for a fixed-term, secure tenancy may be made. In particular, the judgment decides...
https://www.jbleitch.co.uk/news-insights/case-law-comment/whether-a-tenancy-agreement-could-be-terminated/
Service Charges: Assessing reasonableness of service charges demanded following earlier overpayments
Where tenants had overpaid service charges in previous years, were sums demanded by the landlord reasonable or was it required to set off overpayments against anticipated expenditure? The background In...
https://www.jbleitch.co.uk/news-insights/case-law-comment/landlord-service-charges/
When a partnership occupying a property under a purported licence enters into administration and a third party wishes to take possession, can a possession claim by trustees of the partnership...
https://www.jbleitch.co.uk/news-insights/case-law-comment/commercial-property-registered-title/
Where parties have entered into a development agreement subject to a restriction, can the court order removal of the restriction by way of interim remedy to permit the development to...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-whether-an-agreed-restriction-on-title-can-be-removed-permitting-a-development-to-proceed/
JB Leitch acted for the applicant landlord in its successful application to the First-tier Tribunal for dispensation from the service charge consultation requirements under section 20 of the Landlord and...
https://www.jbleitch.co.uk/news-insights/firm-news/service-charge-consultation-dispensation-with-consultation-building-safety-fund-major-works-s-20za-landlord-and-tenant-act-1985-first-tier-tribunal-property-law-property-litigation-property-de/
Whether a writ of possession could be declared null and void in circumstances where the applicant had been protected by a mental health crisis moratorium at the time the writ...
https://www.jbleitch.co.uk/news-insights/case-law-comment/whether-a-writ-of-possession-eviction-proceedings-are-null-void-where-a-mental-health-crisis-moratorium-is-in-place-lees-v-kaye-and-another-2022/
Where knowledge of a leaseholder’s address is not passed to a landlord by its predecessor in title and ground rent demands are subsequently issued to the incorrect address, are ground...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-ground-rent-demand/
In this blog, Trainee Solicitor Katie Orr reviews a recent case success for JB Leitch which focused on the prevalent subject of serve charge apportionment… Our recent case success focused...
https://www.jbleitch.co.uk/news-insights/blogs/jb-leitch-case-success-service-charge-apportionments/
Following on from our recent article on our success in a recent service charge apportionment matter for building safety works, JB Leitch were last week week successful at the First-tier...
https://www.jbleitch.co.uk/news-insights/firm-news/jb-leitch-case-success-in-determining-the-reasonableness-of-service-charges/
Part of the wider litigation in the matter of Croydon London Borough Council v Kalonga [2022], the Court of Appeal considers a judicial review relating to the housing authority’s ability...
https://www.jbleitch.co.uk/news-insights/blogs/landlord-and-tenant-procedure/
Where restrictive covenants affect property such that redevelopment is not permitted, will the Upper Tribunal modify restrictions where they prevent a reasonable use of the property and offer no practical...
https://www.jbleitch.co.uk/news-insights/case-law-comment/restrictive-covenants-whether-restrictions-could-be-modified-to-permit-a-reasonable-use-of-the-property-dickinson-v-adams-and-another-2022/
Following a statutory transfer scheme which vested 3,700 Primary Care Trust properties, many occupied by GP practices, in NHS Property Services Ltd, were those GP practices liable for payment of...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-for-nhs-properties-whether-service-charges-are-payable-by-gps-to-nhs-landlords-valley-view-v-nhs-property-services-ltd-2022/
Where a notice to quit agricultural premises was served on the wrong party, was the notice still valid where the recipient could have reasonably understood the purpose of the notice...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-of-notice-to-quit-whether-a-notice-was-valid-where-the-recipient-was-incorrect-but-had-knowledge-of-the-correct-tenant-turner-and-others-v-thomas-and-another-2022/
In our previous report, the Upper Tribunal considered an appeal as to whether a freeholder was entitled to charge a £30 fee for service of a s.166 notice to leaseholders...
https://www.jbleitch.co.uk/news-insights/case-law-comment/court-of-appeal-update-whether-a-freeholder-could-charge-fees-for-service-of-s-166-notice-that-ground-rent-is-due-stampfer-v-avon-ground-rents-ltd-2022/
This recent decision expands on our earlier case report in Axnoller Events v Brake [2021] whereby the High Court ruled on an application in respect of payment of costs where...
https://www.jbleitch.co.uk/news-insights/case-law-comment/civil-procedure-rules-whether-an-email-address-constitutes-a-valid-address-for-service/
Where an application made to strike out witness evidence is found to be disproportionate, should costs assessed on an indemnity basis be awarded? The background In Curtiss and others v...
https://www.jbleitch.co.uk/news-insights/case-law-comment/assessment-of-costs-whether-indemnity-costs-should-be-awarded-in-an-application-to-strike-out-evidence-curtiss-and-others-v-zurich-insurance-plc-2022/
In recent weeks the introduction of the Leasehold Reform (Ground Rent) Act has brought to the fore the subject of ground rents and the implications for landlords under the new...
https://www.jbleitch.co.uk/news-insights/blogs/ground-rent-assured-tenancies-s-8-of-the-housing-act-1988/
Where discharges were made into a waterway which were unauthorised by the canal operator or by statute, did a private law claim exist in trespass or nuisance? The background In...
https://www.jbleitch.co.uk/news-insights/case-law-comment/environmental-law-whether-a-claim-in-trespass-or-nuisance-could-be-made-in-respect-of-unauthorised-discharges-manchester-ship-canal-company-ltd-v-united-utilities-water-ltd-2022/
Where a property is redeveloped and let to leaseholders on leases, were the terms of the leases admissible as evidence in proceedings concerning the interpretation of freehold transfers? The background...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-interpretation-of-management-company-obligations-in-transfers-of-freehold-properties-mostyn-house-estate-management-co-ltd-v-youde-2022/
Where tenants occupied an unlicensed HMO property, which was in a state of disrepair, and having raised complaints about the conduct of the landlord, how should rent repayment be calculated?...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-repayment-order-assessing-the-rent-to-be-repaid-to-tenants-by-the-landlord-of-an-unlicensed-hmo-simpson-house-3-ltd-v-osserman-and-others-2022/
When assessing damages in respect of breach of a repairing covenant, should the 10% uplift set out in Simmons v Castle be applied by the court? The background In Khan...
https://www.jbleitch.co.uk/news-insights/case-law-comment/breach-of-covenant-whether-damages-awarded-for-breach-of-covenant-to-repair-are-subject-to-a-10-uplift-khan-v-mehmood-2022/
Where the freeholder of a block of leasehold apartments objects to a planning application made in respect of a neighbouring property, can the costs incurred in making the objection be...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-costs-incurred-in-objecting-to-a-planning-application-were-recoverable-through-service-charge-dell-v-89-holland-park-management-ltd-2022/
Where demands for insurance rent are found to not comply with lease provisions, are leaseholders liable to cover the costs of the premium through insurance rent? The background In Assethold...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charges-whether-insurance-rent-was-payable-where-insurance-charge-demands-were-not-valid-assethold-ltd-v-hoye-and-another-2022/
Whether a claim brought in the Technology and Construction Court should be struck out where remedial works undertaken were found to be too remote from the intended purpose of the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/property-development-assignment-of-collateral-warranties-and-the-effects-on-claims-brought-by-warranty-beneficiaries-orchard-plaza-management-company-limited-v-balfour-beatty-regional-construction-l/
This week JB Leitch is celebrating winning two awards in the Property Management 50 2022 accolades which recognise the excellence and contribution of leading individuals in raising standards in the...
https://www.jbleitch.co.uk/news-insights/firm-news/double-award-success-for-jb-leitch-solicitors/
