In previous High Court decisions where tenants were seeking declarations that rent was not payable to landlords due to enforced closure during the pandemic, the courts found in favour of...
The Upper Tribunal considered an appeal by the freeholder landlord of a block whereby the First-tier Tribunal had made an order to appoint a property manager pursuant to an application...
Where a section of a prescribed form of a notice of claim was omitted, was this error fatal to the claim to acquire the right to manage a property or...
Where proper certification of service charges is made more than 18 months after the costs to which the charges relate were incurred, are service charges recoverable by the landlord? The...
In an application where the First-tier Tribunal (FTT) was asked to determine the reasonableness and payability of service charges, did it act beyond its jurisdiction in finding that some sums...
Primarily, Fraser receives instructions from clients and sets them up on our case management system. To this end, Fraser interprets legal documentation, such as lease extensions and deed of variations....
JB Leitch are pleased to report that we have retained Tier 3 status in the new Legal 500 rankings for property litigation for the third consecutive year. Acknowledged as the world’s...
The Upper Tribunal considered an application by property owners to discharge or modify restrictive covenants which prevented them altering their property and using it for business purposes. The background In...
JB Leitch has successfully applied to the First-tier Tribunal (FTT) on behalf of our landlord client for dispensation from the consultation requirements contained at section 20 of the Landlord and...
The Building Safety Act 2022 is legislation which, subject to supplementary statute and being tested in the courts, leaves many issues subject to further clarification. One thing that is clear...
Lucy’s role is to set up case files for service charge and ground rent cases. Lucy researches and organises land registration documents to support client cases.
Success for JB Leitch at the First-tier Tribunal in a section 20ZA application in respect of cladding and fire protection works. JB Leitch’s dispute resolution and litigation team have further...
It is clear that the purposes of the Building Safety Act 2022 (“BSA”), and in particular Schedule 8, is to seek to limit the costs payable by leaseholders, and particularly...
Where a developer of student property becomes insolvent, can an investor claim an equitable right to rent received? The background Re Pinnacle Student Developments (Leeds) Ltd; Bevan and another (as...
Long-leaseholders of flats in a building in central London brought a claim seeking a declaration that they enjoyed rights to park on an adjacent private road. The County Court found...
https://www.legislation.gov.uk/ukpga/2022/30/section/123/enacted It is generally accepted that liability (or potential liability) of landlords has increased drastically since the implementation of The Building Safety Act 2022 (“BSA”) on 28 June 2022. We...
Where a commercial tenant and its guarantor entered into an authorised guarantee agreement and a sub-guarantee of an authorised guarantee agreement, did a later restructuring plan of the business release...
In our latest blog, Senior Associate Katie Edwards provides a short and focused summary on the key amendments to limitation periods in the Defective Premises Act (DPA) following the introduction...
One of the many legislative changes arising out of the Building Safety Act 2022 (“BSA”) is the establishment of The Building Safety Regulator (“BSR”), a national organisation embedded in the...
Where a tenant wished to exercise the break option contained in its lease, was the break payment payable by the tenant to the landlord subject to VAT? The background In...
JB Leitch successfully represented the landlord in this case, defending an application by leaseholders for assessment of reasonableness and payability of service charges at a residential block of premium apartments...
Trainee Solicitor Katie Orr summarises a recent case success for JB Leitch at the Leasehold Valuation Tribunal (Wales) in regard to application under Section 27A Landlord and Tenant Act 1985...
This Court of Appeal decision follows our report on the High Court’s judgment in this case earlier this year. The High Court found in favour of the defendant company, deciding...
Amongst the multitude of legislative changes in the sector brought about by the Building Safety Act 2022 (“BSA”), are reforms to the law in respect of new build home warranties....
This final arbitration award applies s.15 of the Commercial Rent (Coronavirus) Act 2022, determining that relief was to be granted to a tenant from its payment of a protected rent...
Where a freeholder did not use a roof structure of a property demised to leaseholders, could the freeholder be responsible for repairs to the structure and were costs of such...
The purpose of the Building Safety Act 2022 (“BSA”) is to give protection to leaseholders on a sliding scale, particularly in circumstances where the landlord or an associate is responsible...
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...
The Building Safety Act 2022 (“BSA”) makes several changes to already existing legislation in England and Wales including the proposed insertion of two new sections to the Landlord and Tenant...
The JB Leitch Real Estate team took part in the Liverpool Santa Dash on the 4th December to raise money to support a small initiative that sends football kits and...
Where a notice was served by a landlord requiring access to a property for the purposes of inspection, was the notice defective for failing to contain sufficient information? Further, had...
The higher risk building (“HRB”) regime is a key component of the Building Safety Act 2022 (“BSA”). Found within parts 3 and 4 BSA, the regime introduces various reforms to...
This arbitration considered ss.15 and 16 of the Commercial Rent (Coronavirus) Act 2022, assessing the viability of the tenant’s business and its eligibility for grant of relief from payment of...
The Upper Tribunal considers an appeal by a landlord following a decision by the First-tier Tribunal which concluded that costs incurred by implementation of a waking watch were not reasonably...
The purpose of the Building Safety Act 2022 (“BSA”) is to give protection to leaseholders and to hold those considered directly responsible for creating building safety defects to be held...
JB Leitch represented the landlord in its successful defence to a First-tier Tribunal application made by leaseholders in respect of the costs incurred in repairing a retaining wall adjacent to...
Where an option registered against the freehold of a property contained pre-conditions to allow a grant of relief from forfeiture to be made, had such conditions been satisfied and could...
The Upper Tribunal considers an appeal of a First-tier Tribunal decision which found against a leaseholder in an application for determination of reasonableness of service charges, whereby a decision was...
In this latest successful application by JB Leitch on behalf of our landlord client, the First-tier Tribunal has granted dispensation from the consultation requirements of s.20 Landlord and Tenant Act...
We’re delighted that the JB Leitch Real Estate team have been acknowledged by HM Land Registry this week for an “impressive record of submitting high-quality applications”. The note also recognises...
Primarily, Fraser receives instructions from clients and sets them up on our case management system. To this end, Fraser interprets legal documentation, such as lease extensions and deed of variations....
Lucy’s role is to set up case files for service charge and ground rent cases. Lucy researches and organises land registration documents to support client cases.
In previous High Court decisions where tenants were seeking declarations that rent was not payable to landlords due to enforced closure during the pandemic, the courts found in favour of...
The Upper Tribunal considered an appeal by the freeholder landlord of a block whereby the First-tier Tribunal had made an order to appoint a property manager pursuant to an application...
Where a section of a prescribed form of a notice of claim was omitted, was this error fatal to the claim to acquire the right to manage a property or...
Where proper certification of service charges is made more than 18 months after the costs to which the charges relate were incurred, are service charges recoverable by the landlord? The...
In an application where the First-tier Tribunal (FTT) was asked to determine the reasonableness and payability of service charges, did it act beyond its jurisdiction in finding that some sums...
JB Leitch are pleased to report that we have retained Tier 3 status in the new Legal 500 rankings for property litigation for the third consecutive year. Acknowledged as the world’s...
The Upper Tribunal considered an application by property owners to discharge or modify restrictive covenants which prevented them altering their property and using it for business purposes. The background In...
JB Leitch has successfully applied to the First-tier Tribunal (FTT) on behalf of our landlord client for dispensation from the consultation requirements contained at section 20 of the Landlord and...
The Building Safety Act 2022 is legislation which, subject to supplementary statute and being tested in the courts, leaves many issues subject to further clarification. One thing that is clear...
Success for JB Leitch at the First-tier Tribunal in a section 20ZA application in respect of cladding and fire protection works. JB Leitch’s dispute resolution and litigation team have further...
It is clear that the purposes of the Building Safety Act 2022 (“BSA”), and in particular Schedule 8, is to seek to limit the costs payable by leaseholders, and particularly...
Where a developer of student property becomes insolvent, can an investor claim an equitable right to rent received? The background Re Pinnacle Student Developments (Leeds) Ltd; Bevan and another (as...
Long-leaseholders of flats in a building in central London brought a claim seeking a declaration that they enjoyed rights to park on an adjacent private road. The County Court found...
https://www.legislation.gov.uk/ukpga/2022/30/section/123/enacted It is generally accepted that liability (or potential liability) of landlords has increased drastically since the implementation of The Building Safety Act 2022 (“BSA”) on 28 June 2022. We...
Where a commercial tenant and its guarantor entered into an authorised guarantee agreement and a sub-guarantee of an authorised guarantee agreement, did a later restructuring plan of the business release...
In our latest blog, Senior Associate Katie Edwards provides a short and focused summary on the key amendments to limitation periods in the Defective Premises Act (DPA) following the introduction...
One of the many legislative changes arising out of the Building Safety Act 2022 (“BSA”) is the establishment of The Building Safety Regulator (“BSR”), a national organisation embedded in the...
Where a tenant wished to exercise the break option contained in its lease, was the break payment payable by the tenant to the landlord subject to VAT? The background In...
JB Leitch successfully represented the landlord in this case, defending an application by leaseholders for assessment of reasonableness and payability of service charges at a residential block of premium apartments...
Trainee Solicitor Katie Orr summarises a recent case success for JB Leitch at the Leasehold Valuation Tribunal (Wales) in regard to application under Section 27A Landlord and Tenant Act 1985...
This Court of Appeal decision follows our report on the High Court’s judgment in this case earlier this year. The High Court found in favour of the defendant company, deciding...
Amongst the multitude of legislative changes in the sector brought about by the Building Safety Act 2022 (“BSA”), are reforms to the law in respect of new build home warranties....
This final arbitration award applies s.15 of the Commercial Rent (Coronavirus) Act 2022, determining that relief was to be granted to a tenant from its payment of a protected rent...
Where a freeholder did not use a roof structure of a property demised to leaseholders, could the freeholder be responsible for repairs to the structure and were costs of such...
The purpose of the Building Safety Act 2022 (“BSA”) is to give protection to leaseholders on a sliding scale, particularly in circumstances where the landlord or an associate is responsible...
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...
The Building Safety Act 2022 (“BSA”) makes several changes to already existing legislation in England and Wales including the proposed insertion of two new sections to the Landlord and Tenant...
The JB Leitch Real Estate team took part in the Liverpool Santa Dash on the 4th December to raise money to support a small initiative that sends football kits and...
Where a notice was served by a landlord requiring access to a property for the purposes of inspection, was the notice defective for failing to contain sufficient information? Further, had...
The higher risk building (“HRB”) regime is a key component of the Building Safety Act 2022 (“BSA”). Found within parts 3 and 4 BSA, the regime introduces various reforms to...
This arbitration considered ss.15 and 16 of the Commercial Rent (Coronavirus) Act 2022, assessing the viability of the tenant’s business and its eligibility for grant of relief from payment of...
The Upper Tribunal considers an appeal by a landlord following a decision by the First-tier Tribunal which concluded that costs incurred by implementation of a waking watch were not reasonably...
The purpose of the Building Safety Act 2022 (“BSA”) is to give protection to leaseholders and to hold those considered directly responsible for creating building safety defects to be held...
JB Leitch represented the landlord in its successful defence to a First-tier Tribunal application made by leaseholders in respect of the costs incurred in repairing a retaining wall adjacent to...
Where an option registered against the freehold of a property contained pre-conditions to allow a grant of relief from forfeiture to be made, had such conditions been satisfied and could...
The Upper Tribunal considers an appeal of a First-tier Tribunal decision which found against a leaseholder in an application for determination of reasonableness of service charges, whereby a decision was...
In this latest successful application by JB Leitch on behalf of our landlord client, the First-tier Tribunal has granted dispensation from the consultation requirements of s.20 Landlord and Tenant Act...
We’re delighted that the JB Leitch Real Estate team have been acknowledged by HM Land Registry this week for an “impressive record of submitting high-quality applications”. The note also recognises...
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