Whether a tenant can argue against administration charges on reasonableness grounds The background The respondent occupied a property owned by the appellant, and carried out some bathroom and plumbing works....
The recent Advice Note on Balconies on Residential Building produced by the Ministry of Housing, Communities and Local Government (“MHCLG”) sets out the suggested action to be taken by responsible...
Insurance premium charges must be reasonable The background In COS Services Limited v Nicholson [2017], the landlord recharged insurance premiums to tenants for the years 2014, 2015 and 2016. Under...
Where a landlord replaced an original zinc roof with a glass-reinforced plastic roof, was it in breach of its lease covenants by not replacing like-for-like? The background In Lambeth London...
The County Court considered whether a request for an order for disgorgement damages could succeed in a claim where a residential property had been sublet and sub-sub-let without landlord’s consent....
Where a landlord wishes to forfeit a lease on grounds of breach of covenant, what evidence is sufficient in order to determine the nature and extent of the breach? The...
Where a landlord undertakes significant repair and redevelopment of a block, can it be held responsible for a tenant’s loss of profits and breach of quiet enjoyment where the interior...
Where a landlord has made demands relating to future planned expenditure and costs incurred in remedying the tenant’s breaches of covenant, the Upper Tribunal considers the tenant’s liability for such...
In this long-running case, the Supreme Court considered the question of whether a claimant could claim for damages based on a hypothetical loss of fees, also known as ‘Wrotham Park’...
Where a tenant breaches the terms of its lease, and the landlord is aware of the breach, does the landlord waive its right to forfeit the lease if it continues...
Where a tenant replaced external doors to flats, the court was asked to consider whether it had breached covenants requiring the tenant not to remove any ‘landlord’s fixtures’ or whether...
Where a tenant replaces the entrance doors to flats in a building, is he in breach of covenant for making alterations to fixtures without landlord’s consent? The background In Fivaz...
Additional remedies for landlords where properties are used illegally for short term lettings The background Nice Place Property Management Limited v Jeff Walter Paterson [2018] is a case from the...
Reasonableness of a decision which concluded that dogs were not permitted in a residential block The background In Victory Place Management Company Ltd v Kuehn [2018], the leaseholders occupied an...
The Court assesses whether a break notice was valid, and whether any term could be implied to require a break notice to be served within a ‘reasonable time’. The background...
Whether costs of threatened proceedings could be recovered under service charge The background The Appellant management company was engaged in a service charge dispute with the Respondent tenants. The Appellant...
Whether Brexit will frustrate a lease granted to a European agency The background Canary Wharf (BP4) T1 Ltd and ors v European Medicines Agency [2019] concerned a 25-year lease of...
Whether accountant’s certification of service charge was a condition precedent to tenants’ payment The background The central issue to this case arose as part of a service charge dispute between...
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...
The JB Leitch litigation team have further consolidated their reputation and expertise in building safety and tribunal matters, with two successful determinations for dispensation and the variation of multiple leases...
The effect of pandemic rent suspension provisions on commercial leases The background In WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbH [2021], the claimant tenant’s lease of retail...
In a further case arising out of the unique challenges posed by the Covid-19 pandemic, this decision considers the impact of the pandemic on the assessment and valuation of commercial...
Where a commercial tenant encountered water ingress into its unit as result of a blocked gutter, was the landlord in breach of its repair and insurance obligations and an implied...
Swiftly following the recent decision in WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbH, this case concerns a retail tenant whose unit was forced to close during the...
Where premises were required to close as a result of the COVID-19 pandemic’s lockdown restrictions, was the tenant still liable for payment of full rents? The High Court issues first...
Continuing the fallout of litigation sparked by retail and leisure closures during the coronavirus pandemic, this review considers 4 similar cases decided together by the High Court, all related to...
Whether legal costs can be recovered under service charge The background The respondent was the freeholder of a building within which the appellants held a long 99-year lease of a...
Lease terms implied as a result of parties’ conduct The background The respondent tenant, Kahar, occupied the subject property in a modern residential development under a weekly tenancy arrangement which...
Permission of the Court required to enforce suspended possession order The background The respondent occupied a property as a tenant of the appellant local authority. His behaviour at the property...
Whether the First-tier Tribunal can determine service charges paid by previous tenant The background In Gateway Holdings (NWB) Ltd v McKenzie and Greenfield [2018], the respondent tenants brought a claim...
Whether alterations to works specification invalidates statutory consultation The background In Reedbase Ltd and another v Fattal and others [2018], the leaseholders owned penthouse flats featuring tiled roof terraces. The...
Terms of lease overriding factor Chaplair brought County Court proceedings against its tenant Mrs Kumari in order to recover unpaid rent and service charges. As part of its case, Chaplair...
Phil Parkinson & Katie Edwards of JB Leitch Ltd acted for the successful landlord and full details of the case are reported below. Pemberstone Reversions (5) Limited v Various Leaseholders...
In serving notice of its intention to acquire the freehold interests at a property, was a nominee purchaser also entitled to acquire the rights to the property’s boiler room, air...
With our considerable experience, specialism and success in service charge recovery, we recognise that there has been limited provision or guidance for commercial service charges. The Royal Institute of Chartered...
Where a landlord objects to a tenant’s claim for a new tenancy on the grounds that it intends to carry out works to the property, how does the landlord prove...
Vesting leasehold interest in an occupier where the original lease was deemed to be void The background In Panton and others v Brophy and another [2019], the claimant rowing club...
When a lease is granted to an incorrect limited company, how should the court approach its interpretation of the lease when determining a claim for possession? The background In Seafood...
In further litigation arising out of the pandemic closure of retail units, this County Court decision provides some indication as to how the courts may address the question of whether...
The government and main political parties each recognise the need to provide the UK with world class digital connectivity – to increase our competitiveness, boost productivity and meet future demands...
Whether a tenant can argue against administration charges on reasonableness grounds The background The respondent occupied a property owned by the appellant, and carried out some bathroom and plumbing works....
The recent Advice Note on Balconies on Residential Building produced by the Ministry of Housing, Communities and Local Government (“MHCLG”) sets out the suggested action to be taken by responsible...
Insurance premium charges must be reasonable The background In COS Services Limited v Nicholson [2017], the landlord recharged insurance premiums to tenants for the years 2014, 2015 and 2016. Under...
Where a landlord replaced an original zinc roof with a glass-reinforced plastic roof, was it in breach of its lease covenants by not replacing like-for-like? The background In Lambeth London...
The County Court considered whether a request for an order for disgorgement damages could succeed in a claim where a residential property had been sublet and sub-sub-let without landlord’s consent....
Where a landlord wishes to forfeit a lease on grounds of breach of covenant, what evidence is sufficient in order to determine the nature and extent of the breach? The...
Where a landlord undertakes significant repair and redevelopment of a block, can it be held responsible for a tenant’s loss of profits and breach of quiet enjoyment where the interior...
Where a landlord has made demands relating to future planned expenditure and costs incurred in remedying the tenant’s breaches of covenant, the Upper Tribunal considers the tenant’s liability for such...
In this long-running case, the Supreme Court considered the question of whether a claimant could claim for damages based on a hypothetical loss of fees, also known as ‘Wrotham Park’...
Where a tenant breaches the terms of its lease, and the landlord is aware of the breach, does the landlord waive its right to forfeit the lease if it continues...
Where a tenant replaced external doors to flats, the court was asked to consider whether it had breached covenants requiring the tenant not to remove any ‘landlord’s fixtures’ or whether...
Where a tenant replaces the entrance doors to flats in a building, is he in breach of covenant for making alterations to fixtures without landlord’s consent? The background In Fivaz...
Additional remedies for landlords where properties are used illegally for short term lettings The background Nice Place Property Management Limited v Jeff Walter Paterson [2018] is a case from the...
Reasonableness of a decision which concluded that dogs were not permitted in a residential block The background In Victory Place Management Company Ltd v Kuehn [2018], the leaseholders occupied an...
The Court assesses whether a break notice was valid, and whether any term could be implied to require a break notice to be served within a ‘reasonable time’. The background...
Whether costs of threatened proceedings could be recovered under service charge The background The Appellant management company was engaged in a service charge dispute with the Respondent tenants. The Appellant...
Whether Brexit will frustrate a lease granted to a European agency The background Canary Wharf (BP4) T1 Ltd and ors v European Medicines Agency [2019] concerned a 25-year lease of...
Whether accountant’s certification of service charge was a condition precedent to tenants’ payment The background The central issue to this case arose as part of a service charge dispute between...
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...
The JB Leitch litigation team have further consolidated their reputation and expertise in building safety and tribunal matters, with two successful determinations for dispensation and the variation of multiple leases...
The effect of pandemic rent suspension provisions on commercial leases The background In WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbH [2021], the claimant tenant’s lease of retail...
In a further case arising out of the unique challenges posed by the Covid-19 pandemic, this decision considers the impact of the pandemic on the assessment and valuation of commercial...
Where a commercial tenant encountered water ingress into its unit as result of a blocked gutter, was the landlord in breach of its repair and insurance obligations and an implied...
Swiftly following the recent decision in WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbH, this case concerns a retail tenant whose unit was forced to close during the...
Where premises were required to close as a result of the COVID-19 pandemic’s lockdown restrictions, was the tenant still liable for payment of full rents? The High Court issues first...
Continuing the fallout of litigation sparked by retail and leisure closures during the coronavirus pandemic, this review considers 4 similar cases decided together by the High Court, all related to...
Whether legal costs can be recovered under service charge The background The respondent was the freeholder of a building within which the appellants held a long 99-year lease of a...
Lease terms implied as a result of parties’ conduct The background The respondent tenant, Kahar, occupied the subject property in a modern residential development under a weekly tenancy arrangement which...
Permission of the Court required to enforce suspended possession order The background The respondent occupied a property as a tenant of the appellant local authority. His behaviour at the property...
Whether the First-tier Tribunal can determine service charges paid by previous tenant The background In Gateway Holdings (NWB) Ltd v McKenzie and Greenfield [2018], the respondent tenants brought a claim...
Whether alterations to works specification invalidates statutory consultation The background In Reedbase Ltd and another v Fattal and others [2018], the leaseholders owned penthouse flats featuring tiled roof terraces. The...
Terms of lease overriding factor Chaplair brought County Court proceedings against its tenant Mrs Kumari in order to recover unpaid rent and service charges. As part of its case, Chaplair...
Phil Parkinson & Katie Edwards of JB Leitch Ltd acted for the successful landlord and full details of the case are reported below. Pemberstone Reversions (5) Limited v Various Leaseholders...
In serving notice of its intention to acquire the freehold interests at a property, was a nominee purchaser also entitled to acquire the rights to the property’s boiler room, air...
With our considerable experience, specialism and success in service charge recovery, we recognise that there has been limited provision or guidance for commercial service charges. The Royal Institute of Chartered...
Where a landlord objects to a tenant’s claim for a new tenancy on the grounds that it intends to carry out works to the property, how does the landlord prove...
Vesting leasehold interest in an occupier where the original lease was deemed to be void The background In Panton and others v Brophy and another [2019], the claimant rowing club...
When a lease is granted to an incorrect limited company, how should the court approach its interpretation of the lease when determining a claim for possession? The background In Seafood...
In further litigation arising out of the pandemic closure of retail units, this County Court decision provides some indication as to how the courts may address the question of whether...
The government and main political parties each recognise the need to provide the UK with world class digital connectivity – to increase our competitiveness, boost productivity and meet future demands...
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