Search

Found 40 results.

Proprietary Interests: Analysing Hush Brasseries & whether a call option constituted an equitable interest in land

Following the High Court’s decision in Hush Brasseries Ltd v RLUKREF Nominees (UK) One Ltd and another [2022], this report considers whether a call option constitutes a proprietary interest such...

https://www.jbleitch.co.uk/news-insights/case-law-comment/proprietary-interests-analysing-hush-brasseries-whether-a-call-option-constituted-an-equitable-interest-in-land/

Celebrating Apprenticeship Week 2023

We’re celebrating Apprenticeship Week 2023 and the pathways we provide for talented and hardworking learners across the firm. We’re also proud of the commitment, energy and enthusiasm our apprentices contribute....

https://www.jbleitch.co.uk/news-insights/firm-news/celebrating-apprenticeship-week-2023/

Supreme Court Judgment: Aviva v Williams

Many readers may be aware that this week saw the Supreme Court hand down judgment in the high-profile and long running Aviva V Williams case. The outcome represents a significant...

https://www.jbleitch.co.uk/news-insights/blogs/supreme-court-judgment-aviva-v-williams/

Determination of Service Charge: Whether lift repairs could be charged to assured tenants (Anchor Hanover Group v Cox – 2023)

Where repairs are made to an essential lift at a retirement living block of flats, could the repair costs be recovered from assured tenants by way of service charge? The...

https://www.jbleitch.co.uk/news-insights/case-law-comment/determination-of-service-charge-whether-lift-repairs-could-be-charged-to-assured-tenants-anchor-hanover-group-v-cox-2023/

Service Charge Certification: Supreme Court hands down far-reaching decision on conclusiveness of certification (Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retail Ltd – 2023)

The Supreme Court has recently handed down its decision in this key case which discusses whether certification of service charge – and by extension, certification in other property and commercial-related...

https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-certification-supreme-court-hands-down-far-reaching-decision-on-conclusiveness-of-certification-sara-hossein-asset-holdings-ltd-a-company-incorporated-in-the-british-virgin-islands/

Possession of property: Whether a claim for adverse possession succeeded where service charges were paid by another party (Malik and others v Malik – 2023)

In a family dispute over the ownership of a property, was a claim for adverse possession an abuse of process? Could the claim succeed where service charges had been paid...

https://www.jbleitch.co.uk/news-insights/case-law-comment/possession-of-property-whether-a-claim-for-adverse-possession-succeeded-where-service-charges-were-paid-by-another-party-malik-and-others-v-malik-2023/

Maintaining a Reassuringly High Standard

JB Leitch receives recertification for ISO 27001 This week JB Leitch is pleased to announce that it has received recertification in the world class ISO 27001:2013 standard for Information Security...

https://www.jbleitch.co.uk/news-insights/firm-news/maintaining-a-reassuringly-high-standard/

Building Safety Act 2022: First-tier Tribunal makes first Remediation Contribution Order under the BSA 2022 (Batish and others v Inspired Sutton Ltd and others – 2023)

S.124 of the Building Safety Act 2022 introduces Remediation Contribution Orders, which may be made by the First-tier Tribunal to require a specified party to make payments to a specified...

https://www.jbleitch.co.uk/news-insights/case-law-comment/building-safety-act-2022-first-tier-tribunal-makes-first-remediation-contribution-order-under-the-bsa-2022-batish-and-others-v-inspired-sutton-ltd-and-others-2023/

Aisling McWilliams

Having begun as a Paralegal, Aisling is a Trainee Solicitor in the Technical & Complex team and deals with client retainers. Aisling’s varied duties also include assisting fee-earners on non-litigated...

https://www.jbleitch.co.uk/about-us/our-team/aisling-mcwilliams/

A Key Decision for Landlords on Rent Repayment Orders (RROs)

Last week, the Supreme Court unanimously decided that RROs cannot be made against a superior landlord in Rakusen v Jepsen [2023] UKSC 9. Legal Director Phil Parkinson summarises the case...

https://www.jbleitch.co.uk/news-insights/blogs/a-key-decision-for-landlords-on-rent-repayment-orders-rros/

Break Notices: Whether a break notice served four years prior to the break date was valid (Vistra Trust Corp (UK) v CDS -2022)

Where a break notice was served by a tenant four years before the intended break date, was the notice valid and the lease terminated effectively? The background In Vistra Trust...

https://www.jbleitch.co.uk/news-insights/case-law-comment/break-notices-whether-a-break-notice-served-four-years-prior-to-the-break-date-was-valid-vistra-trust-corp-uk-v-cds-2022/

Nuisance: Supreme Court decision in claim for nuisance by flat owners against the Tate Modern

The Supreme Court has handed down its judgment in this long-running claim for nuisance by leasehold owners of flats opposite the Tate Modern in London in respect of the gallery’s...

https://www.jbleitch.co.uk/news-insights/case-law-comment/nuisance-supreme-court-decision-in-claim-for-nuisance-by-flat-owners-against-the-tate-modern/

Payment of Rent: Whether a s.13 notice served to increase rent under a periodic tenancy was valid (Mooney v Whiteland – 2023)

The Court of Appeal considers whether a notice served under s.13 of the Housing Act 1988 was valid where the stated date for the increase in rent differed from the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/payment-of-rent-whether-a-s-13-notice-served-to-increase-rent-under-a-periodic-tenancy-was-valid-mooney-v-whiteland-2023/

Remediation Orders and Remediation Contribution Orders

The best legal advice from the leading experts in building safety and Tribunal matters. The potential liability of landlords has increased significantly since the implementation of the Building Safety Act,...

https://www.jbleitch.co.uk/services/dispute-resolution-litigation/building-safety/remediation-orders-and-remediation-contribution-orders/

Restrictive Covenants: Modification of restriction where objectors had concerns about future loss of amenity (Hodgson and another v Cook and others – 2023)

Where a landowner wishes to modify a restrictive covenant affecting their property for the purposes of running a business from home, could the application succeed where objections were raised regarding...

https://www.jbleitch.co.uk/news-insights/case-law-comment/restrictive-covenants-modification-of-restriction-where-objectors-had-concerns-about-future-loss-of-amenity-hodgson-and-another-v-cook-and-others-2023/

Laura Guinness

Laura is part of the Technical and Complex team dealing with defended litigated matters, including defending applications to set judgment aside on service costs claims. Laura also deals with retainer...

https://www.jbleitch.co.uk/about-us/our-team/laura-guinness/

Esma Kilinc

Esma has worked within the property sector for 7 years with a wide range of knowledge in property related matters. Esma’s role sees her reviewing and actioning disputes that have...

https://www.jbleitch.co.uk/about-us/our-team/esma-kilinc/

Right to Manage Application: Whether an RTM claim was invalid where claim notice was not served on intermediate landlord (A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co. Ltd – 2023)

Where a Right to Manage claim notice was not served on an intermediate landlord at a development, was the RTM claim rendered invalid? The background A1 Properties (Sunderland) Ltd v...

https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-application-whether-an-rtm-claim-was-invalid-where-claim-notice-was-not-served-on-intermediate-landlord-a1-properties-sunderland-ltd-v-tudor-studios-rtm-co-ltd-2023/

Niki

Niki’s role as Senior Credit Controller sees her analysing & reducing debt by collecting outstanding invoices. Niki liaises with clients & fee earners to help resolve any queries relating to...

https://www.jbleitch.co.uk/about-us/our-team/niki/

Nuisance: Whether diminution in value caused by Japanese knotweed was recoverable as a claim in nuisance (Davies v Bridgend County Borough Council – 2023)

Where the value of a property continues to be adversely impacted by Japanese knotweed, even after the property has been treated, is the diminution in value recoverable as a claim...

https://www.jbleitch.co.uk/news-insights/case-law-comment/nuisance-whether-diminution-in-value-caused-by-japanese-knotweed-was-recoverable-as-a-claim-in-nuisance-davies-v-bridgend-county-borough-council-2023/

Right to Manage: Whether an RTM claim could be made in respect of properties capable of further sub-division (Assethold Ltd v Eveline Road RTM Co Ltd – 2023)

Where a self-contained property contains further, self-contained units, does the building nevertheless qualify as a single address and can an RTM claim succeed? The background In Assethold Ltd v Eveline...

https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-an-rtm-claim-could-be-made-in-respect-of-properties-capable-of-further-sub-division-assethold-ltd-v-eveline-road-rtm-co-ltd-2023/

Nuisance & Breach of Covenant: Whether a landlord’s breach resulted in a nuisance that diminished leaseholder’s property value (Dunward Properties v Isaac – 2023)

Where a landlord granted a lease which changed the use of adjacent premises to cause a nuisance to a residential leaseholder above, was the landlord liable for the diminution in...

https://www.jbleitch.co.uk/news-insights/case-law-comment/nuisance-breach-of-covenant-whether-a-landlords-breach-resulted-in-a-nuisance-that-diminished-leaseholders-property-value-dunward-properties-v-isaac-2023/

Public rights of use: Whether disposal of land subject to statutory trust extinguished rights enjoyed by the public

Where a local authority disposes of land subject to a statutory trust for public recreation to a developer, does such disposal extinguish the rights enjoyed by the public to enjoy...

https://www.jbleitch.co.uk/news-insights/case-law-comment/public-rights-of-use-whether-disposal-of-land-subject-to-statutory-trust-extinguished-rights-enjoyed-by-the-public/

JB Leitch successfully represents landlord in application for dispensation from s.20 consultation requirements

JB Leitch acted for our landlord client in a successful application for dispensation from the consultation requirements of s.20ZA Landlord and Tenant Act 1985, made in respect of works to...

https://www.jbleitch.co.uk/news-insights/firm-news/jb-leitch-successfully-represents-landlord-in-application-for-dispensation-from-s-20-consultation-requirements/

Surrender of Joint Tenancy: The test utilised when considering a claim for surrender of a joint tenancy by operation of law (City of Westminster Council v Kazam – 2023)

The High Court assesses whether a joint tenancy had been surrendered by tenants in circumstances where one party had left the property but had not agreed to any surrender, nor...

https://www.jbleitch.co.uk/news-insights/case-law-comment/surrender-of-joint-tenancy-the-test-utilised-when-considering-a-claim-for-surrender-of-a-joint-tenancy-by-operation-of-law-city-of-westminster-council-v-kazam-2023/

Lease Interpretation: Whether the phrase ‘live/work’ should be interpreted as ‘to live and work’ (AHGR Ltd v Kane-Laverack and another – 2023)

Where a lease contains the phrase ‘live/work’, should this be interpreted as a lease ‘to live and work’ at the demised premises? The background AHGR Ltd v Kane-Laverack and another...

https://www.jbleitch.co.uk/news-insights/case-law-comment/lease-interpretation-whether-the-phrase-live-work-should-be-interpreted-as-to-live-and-work-ahgr-ltd-v-kane-laverack-and-another-2023/

Forfeiture: Whether an agreement to accept forfeiture prevented a tenant from later applying for relief (Chug v Dhaliwal – 2023)

Where a landlord and tenant reached an agreement to forfeit a lease, did such an agreement prevent the tenant from making a subsequent application for relief from forfeiture? The background...

https://www.jbleitch.co.uk/news-insights/case-law-comment/forfeiture-whether-an-agreement-to-accept-forfeiture-prevented-a-tenant-from-later-applying-for-relief-chug-v-dhaliwal-2023/

Kieran Dickie

Kieran is a Paralegal on our pre-issue Forfeiture team. Kieran’s main roles include preparing and sending Section 146 Notices, preparing possession claims and correspondence with lessees and lendors in order...

https://www.jbleitch.co.uk/about-us/our-team/kieran-dickie/

Maisie Jacobs

Maisie works in the Pre-Issue Forfeiture Team. Maisie prepares and sends out Section 146 notices in order to settle outstanding balances predominantly surrounding matter involving ground rent.

https://www.jbleitch.co.uk/about-us/our-team/maisie-jacobs/

Persons of Interest (Part 1): “Accountable Persons”

Recent legislation, including the Building Safety Act 2022 (“BSA 2022”) and various secondary legislation, has brought with it various new obligations for certain parties with interests in higher-risk buildings. In...

https://www.jbleitch.co.uk/news-insights/blogs/persons-of-interest-part-1-accountable-persons/

Persons of Interest (Part 2): Identifying the Principle Accountable Person

In the second of our blog series looking at the key roles within the new building safety landscape, Paralegal Jodie Michael provides a useful overview of the Principle Accountable Person....

https://www.jbleitch.co.uk/news-insights/blogs/identifying-the-principle-accountable-person/

JB Leitch Successful in Notable Early Case Concerning the Retrospective Effect of the Building Safety Act 2022

JB Leitch have been successful in a notable preliminary decision concerning a single specific question which arises following the coming into force of various new provisions in the Building Safety...

https://www.jbleitch.co.uk/news-insights/firm-news/jb-leitch-successful-in-notable-early-case-concerning-the-retrospective-effect-of-the-building-safety-act-2022/

Right to Manage Case Success for JB Leitch

On behalf of our landlord client, JB Leitch has this week succeeded at trial in Fairhold Homes (No.14) Limited v Heritage Court RTM Company Ltd (County Court at Central London, Recorder...

https://www.jbleitch.co.uk/news-insights/firm-news/right-to-manage-case-success-for-jb-leitch/

Persons of Interest (Part 3): Identifying Responsible Persons

For the purpose of this blog, we will not be referring to the Responsible Person (“RP”) in the context of workplaces and will be focusing on RPs in relation to...

https://www.jbleitch.co.uk/news-insights/blogs/persons-of-interest-part-3-identifying-responsible-persons/

Right to Manage: Whether shared ownership flats were ‘qualifying tenants’ in an RTM claim (Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Co Ltd – 2023)

Could flats held under shared ownership leases, where owners had not staircased ownership to 100%, be classed as qualifying tenants for the purposes of a Right to Manage claim? The...

https://www.jbleitch.co.uk/news-insights/blogs/right-to-manage-whether-shared-ownership-flats-were-qualifying-tenants-in-an-rtm-claim-avon-ground-rents-ltd-v-canary-gateway-block-a-rtm-co-ltd-2023/

Persons of Interest (Part 4): Responsible Actors

In the fourth and final part of our latest blog series on “persons of interest” within the building safety regime, we look at the role and and responsibilities of Responsible...

https://www.jbleitch.co.uk/news-insights/blogs/responsible-actors/

Claim for Possession: Whether defendants should be permitted to amend defence and counterclaim in a possession claim (Healey v Fraine and others – 2023)

In a claim for possession, could the defendants be permitted to amend their defence and counterclaim which contained a number of deficiencies? The background In Healey v Fraine and others...

https://www.jbleitch.co.uk/news-insights/case-law-comment/claim-for-possession-whether-defendants-should-be-permitted-to-amend-defence-and-counterclaim-in-a-possession-claim-healey-v-fraine-and-others-2023/

Case Law & Comment

https://www.jbleitch.co.uk/case-law-comment/

Law of Contract: Whether a binding agreement for lease was made by Heads of Terms (Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd – 2023)

Where parties agree Heads of Terms for an agreement for lease, could the Heads of Terms be considered a binding agreement? The background In Pretoria Energy Company (Chittering) Ltd...

https://www.jbleitch.co.uk/news-insights/case-law-comment/law-of-contract-whether-a-binding-agreement-for-lease-was-made-by-heads-of-terms-pretoria-energy-company-chittering-ltd-v-blankney-estates-ltd-2023/

Periodic Business Tenancy: Court of Appeal considers appeal against grant of injunction in possession proceedings (Avondale Park Ltd v Miss Delaney’s Nursery School Ltd – 2023)

In a case where a landlord wished to take possession of nursery school premises, the Court of Appeal considers an application by the nursery for an injunction against forfeiture, the...

https://www.jbleitch.co.uk/news-insights/case-law-comment/periodic-business-tenancy-court-of-appeal-considers-appeal-against-grant-of-injunction-in-possession-proceedings-avondale-park-ltd-v-miss-delaneys-nursery-school-ltd-2023/

Page 15 of 18

« Previous 1 … 13 14 15 16 17 18 Next »

Top 7 results.