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Found 40 results.
Year end certificates and whether lessee can set off costs of works against service charge liability The background The Respondents held a long lease over an apartment in a building...
https://www.jbleitch.co.uk/news-insights/case-law-comment/recovery-of-service-charge/
Did the fact that the Land Registry had not registered the purported sale of a lease prevent the seller from being in breach of the alienation provisions contained in the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/reiner-v-triplark-ltd-2016/
Whether a possession order must be set aside for an ‘unjust enrichment’ claim to succeed The background In Gibbs v Lakeside Developments Ltd [2018], the tenant held a long 999-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-against-forfeiture-and-possession/
Recent High Court case offers guidance In an area of law full of uncertainty the recent High Court case of Ansa Logistics v Towerbeg offers useful and practical guidance on...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture/
Update: The Court of Appeal considers a further appeal by the landlord in this case. Our report on the High Court’s judgment contains more detail on the background of the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-court-of-appeal-considers-judgment-where-a-tenant-was-protected-keshwala-and-another-v-bhalsod-and-another-2021/
When a lessee raises a late claim for relief from forfeiture and cannot demonstrate sufficient financial means to satisfy the terms of the lease, can the claim still succeed? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-defending-a-claim-for-relief-where-a-lessee-is-out-of-time-and-cannot-demonstrate-financial-means-timbo-v-london-borough-of-lambeth-2019/
Where a licensee held a licence of property but enjoyed almost exclusive possession and control over it, did the licensee hold sufficient possessory rights to benefit from a claim for...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-exclusive-possession-and-control-of-property-by-a-party-holding-only-a-licence-of-property-manchester-ship-canal-co-ltd-v-vauxhall-motors-ltd-2019/
Tenant administration and “keep open” covenants The background In SHB Realisations Ltd and another v Cribbs Mall Nominee (1) Ltd and another [2019], the tenant BHS took a 125-year lease...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-tenant-administration-and-keep-open-covenants/
Where land is contaminated by the presence of asbestos, can a landlord claim the costs of remediation of the property from a third party that caused the contamination as a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/remediation-of-contaminated-land-can-a-landowner-counterclaim-the-costs-of-remediation-from-a-third-party-in-a-dispute-concerning-land-leased-to-the-claimant-company-pullman-foods-ltd-v-welsh-minister/
Where a lease contained a mistake in the drafting of its rent review provisions such that the formula was ‘arbitrary and irrational’, the Court of Appeal considered whether a correction...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review-appeal-of-decision-to-correct-a-mistake-in-rent-review-clause-drafting-monsolar-iq-ltd-v-woden-park-ltd-2021/
Where a landlord makes an application for rent review in the First-tier Tribunal, what evidence should the court rely on in reaching its determination? The background In Podkrolewicz v R...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review-whether-the-first-tier-tribunal-was-right-to-consider-comparable-evidence-in-rent-review-application/
It is prudent for landlords to ensure that leases, certainly those with a term of more than 5 years, incorporate a rent review provision. Longer leases will allow for a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-reviews-making-time-of-the-essence/
In a claim relating to the repair costs for pipework on an estate, the Upper Tribunal considered an appeal by the landlord as to whether systems were physically separate such...
https://www.jbleitch.co.uk/news-insights/case-law-comment/repair-costs-assessing-the-liability-of-costs-for-repair-of-pipework-under-service-charge-southwark-london-borough-council-v-royce-and-another-2019/
Can a landlord charge tenants for repairs where replacement may be more reasonable? The background In De Havilland Studios Ltd v Peries & another [2017], the landlord proposed undertaking repair...
https://www.jbleitch.co.uk/news-insights/case-law-comment/replacement-and-repair/
Whether a landlord can refuse consent where it perceives a risk of enfranchisement claim The background In Rotrust Nominees Ltd v Hautford Ltd [2018], the tenant was required by the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/request-for-consent-to-planning-permission-application/
The Supreme Court considers the Courts’ jurisdiction to modify or discharge restrictive covenants where a claimant relies on ‘public interest’ as a ground. The background In Alexander Devine Children’s Cancer...
https://www.jbleitch.co.uk/news-insights/case-law-comment/restrictive-covenants-supreme-court-determines-approach-when-considering-public-interest-ground-alexander-devine-childrens-cancer-trust-v-housing-solutions-ltd-2020/
When considering an application by a leaseholder for consent under a restrictive covenant, can the freeholder take into account interests and input from other leaseholders in the building and, further,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/restrictive-covenants-when-a-landlord-can-legitimately-withhold-its-consent-to-approval-of-plans-under-a-restrictive-covenant-89-holland-park-management-ltd-v-hicks-2020/
When is a building ‘structurally detached’ for the purposes of an RTM claim? The background CQN RTM Co Ltd v Broad Quay North Block Freehold and another [2018] concerned a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-claims/
Incomplete applications and attempts to rectify The background Robert Court RTM Company Ltd v The Lough’s Property Management Ltd [2019] concerned a claim for the right to manage served by...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-claims-incomplete-applications-and-attempts-to-rectify/
Where leaseholders of student accommodation served a Right to Manage claim, did the premises qualify as ‘separate dwellings’ for the purposes of the definition in the Commonhold and Leasehold Reform...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-considering-whether-premises-are-occupied-as-a-separate-dwelling-q-studios-stoke-rtm-v-premier-ground-rents-no-6-2020/
Where notice of invitation to participate in a Right to Manage company was not given to all qualifying tenants, does this invalidate all claim notices? The background In Avon Ground...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-valid-service-of-notices-of-invitation-and-whether-parties-were-qualifying-tenants-avon-ground-rents-ltd-v-canary-gateway-block-a-rtm-company-ltd-and-another-company-2020/
Where an RTM company failed to respond to a landlord’s request for further information and documents were subsequently supplied late during the course of proceedings, was determination by the FTT...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-an-appellant-had-been-given-fair-opportunity-to-respond-to-an-rtm-application-where-documents-were-supplied-late-assethold-ltd-v-63-holmes-road-london-rtm-co-ltd-2020/
How the acquisition of the right to manage affects a management order under Landlord and Tenant Act 1987 and whether that management order can be varied. The background Benthan and...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-an-order-appointing-a-manager-under-landlord-and-tenant-act-1987-can-be-varied-benthan-and-another-v-lindsay-court-st-annes-rtm-company-ltd-and-another-2020/
Where an RTM Company serves notice of its intention to acquire rights to manage, will its claim survive a failure to follow specific elements of procedure? The background In Lexham...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-an-rtm-claim-can-succeed-where-there-has-been-a-failure-to-follow-procedure-lexham-house-rtm-company-ltd-v-european-investments-development-properties-ltd-2019/
Where an RTM Company has acquired rights to manage over a property which is part of a larger estate, how far does the right to manage extend and can the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-lessees-of-a-shared-estate-were-still-liable-to-pay-estate-charges-where-an-rtm-company-has-acquired-rights-to-manage-firstport-property-services-v-settlers-company-rtm-limited/
During a dispute between neighbouring properties, was the ‘dumping’ of cars on land adjacent to a right of way sufficient to warrant grant of an injunction requiring their removal? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rights-of-way-application-for-injunction-relating-to-interference-with-rights-of-way-carnegie-v-raleigh-2020/
Where a building extension substantially reduces the light to a neighbouring property, is there an actionable nuisance if light to the affected property is already poor in any event, and...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rights-to-light-will-an-injunction-to-cut-back-be-awarded-even-where-a-redevelopment-is-completed-and-fully-let-beaumont-business-centres-ltd-v-florala-properties-ltd-2020/
What constitutes vacant possession? The background The tenant, an NHS Trust, exercised the break option contained within its lease of office premises on the Wirral. As is the norm, exercise...
https://www.jbleitch.co.uk/news-insights/case-law-comment/riverside-park-limited-v-nhs-property-services-limited-2016/
Arrears arising under rentcharges and rentcharge leases The background Morgoed Estates, a company which manages rentcharges, granted 99-year leases of each of the properties for which it managed rentcharges in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/roberts-others-v-lawton-others-2016/
Is estoppel by convention affected by correspondence between the parties? The background The respondents were tenants of a maisonette under a lease which contained the following covenant that tenants were:...
https://www.jbleitch.co.uk/news-insights/case-law-comment/roundlistic-limited-v-jones-seymour-2016/
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/blogs/rtm-applications-challenging-unqualified-assumptions/
In this blog we review a Court of Appeal case which considered whether the failure to give notice of a withdrawal to the qualifying tenants at the same time as...
https://www.jbleitch.co.uk/news-insights/blogs/rtm-claim-effective-withdrawal-of-rtm-claim-notices/
When a company entered into administration, could the administrators sell the freehold property free from security and other charges registered against it? The background In Re Fox Street Village Ltd...
https://www.jbleitch.co.uk/news-insights/case-law-comment/sale-of-land-by-company-in-administration-re-fox-street-village-ltd-in-administration-2020/
Where security of tenure proceedings were undertaken, were appeals in two actions automatically stayed as a result of Practice Direction 51Z and what was the effect of this on determination...
https://www.jbleitch.co.uk/news-insights/case-law-comment/security-of-tenure-coronavirus-stay-of-proceedings-whether-appeals-in-respect-of-security-of-tenure-claims-were-automatically-stayed/
Although warning notices and statutory declarations had been completed in each case, the tenant in this matter applied for an order that their retail premises were protected by the security...
https://www.jbleitch.co.uk/news-insights/case-law-comment/security-of-tenure-in-business-tenancies-whether-commercial-leases-were-within-security-of-tenure-provisions-tfs-stores-ltd-v-designer-retail-outlet-centres-mansfield-general-partner-ltd-and-other-com/
In circumstances where a tenant’s declaration to exclude leases from security of tenure provisions was completed without reference to a specific term commencement date, was the exclusion still valid? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/security-of-tenure-in-business-tenancies-whether-commercial-premises-were-protected-by-security-of-tenure-tfs-stores-ltd-v-bmg-ashford-ltd-2021/
Where a tenant defendant’s defence and counterclaim are struck out, and where the question of reasonableness of service charge is removed from consideration, the Court of Appeal assesses the appropriate...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-assessing-judgment-and-costs-where-a-defendants-defence-and-counterclaim-are-struck-out-gell-v-32-st-johns-road-eastbourne-management-company-ltd-2021/
A range of issues arose in relation to the recovery by a landlord through service charge of costs including legal costs and management fees, First-tier Tribunal jurisdiction and the FTT’s...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-assessment-of-proper-and-reasonable-costs-and-claiming-for-legal-proceedings-under-service-charge-eshraghi-and-others-v-79-avenue-road-london-house-ltd-2020/
When are service charge costs incurred by tenants and intermediate landlords? The background Westmark (Lettings) Ltd v Peddle [2017] concerned the settlement of residential service charges. By statute, a tenant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-costs/
What constitutes a notice that service charge costs have been incurred? The background Skelton v DBS Homes (Kings Hill) Ltd [2017] addressed the service charges incurred by a freeholder; under...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-demands/
Page 8 of 18
Top 40 results.
Year end certificates and whether lessee can set off costs of works against service charge liability The background The Respondents held a long lease over an apartment in a building...
https://www.jbleitch.co.uk/news-insights/case-law-comment/recovery-of-service-charge/
Did the fact that the Land Registry had not registered the purported sale of a lease prevent the seller from being in breach of the alienation provisions contained in the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/reiner-v-triplark-ltd-2016/
Whether a possession order must be set aside for an ‘unjust enrichment’ claim to succeed The background In Gibbs v Lakeside Developments Ltd [2018], the tenant held a long 999-year...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-against-forfeiture-and-possession/
Recent High Court case offers guidance In an area of law full of uncertainty the recent High Court case of Ansa Logistics v Towerbeg offers useful and practical guidance on...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture/
Update: The Court of Appeal considers a further appeal by the landlord in this case. Our report on the High Court’s judgment contains more detail on the background of the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-court-of-appeal-considers-judgment-where-a-tenant-was-protected-keshwala-and-another-v-bhalsod-and-another-2021/
When a lessee raises a late claim for relief from forfeiture and cannot demonstrate sufficient financial means to satisfy the terms of the lease, can the claim still succeed? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-defending-a-claim-for-relief-where-a-lessee-is-out-of-time-and-cannot-demonstrate-financial-means-timbo-v-london-borough-of-lambeth-2019/
Where a licensee held a licence of property but enjoyed almost exclusive possession and control over it, did the licensee hold sufficient possessory rights to benefit from a claim for...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-exclusive-possession-and-control-of-property-by-a-party-holding-only-a-licence-of-property-manchester-ship-canal-co-ltd-v-vauxhall-motors-ltd-2019/
Tenant administration and “keep open” covenants The background In SHB Realisations Ltd and another v Cribbs Mall Nominee (1) Ltd and another [2019], the tenant BHS took a 125-year lease...
https://www.jbleitch.co.uk/news-insights/case-law-comment/relief-from-forfeiture-tenant-administration-and-keep-open-covenants/
Where land is contaminated by the presence of asbestos, can a landlord claim the costs of remediation of the property from a third party that caused the contamination as a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/remediation-of-contaminated-land-can-a-landowner-counterclaim-the-costs-of-remediation-from-a-third-party-in-a-dispute-concerning-land-leased-to-the-claimant-company-pullman-foods-ltd-v-welsh-minister/
Where a lease contained a mistake in the drafting of its rent review provisions such that the formula was ‘arbitrary and irrational’, the Court of Appeal considered whether a correction...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review-appeal-of-decision-to-correct-a-mistake-in-rent-review-clause-drafting-monsolar-iq-ltd-v-woden-park-ltd-2021/
Where a landlord makes an application for rent review in the First-tier Tribunal, what evidence should the court rely on in reaching its determination? The background In Podkrolewicz v R...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-review-whether-the-first-tier-tribunal-was-right-to-consider-comparable-evidence-in-rent-review-application/
It is prudent for landlords to ensure that leases, certainly those with a term of more than 5 years, incorporate a rent review provision. Longer leases will allow for a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rent-reviews-making-time-of-the-essence/
In a claim relating to the repair costs for pipework on an estate, the Upper Tribunal considered an appeal by the landlord as to whether systems were physically separate such...
https://www.jbleitch.co.uk/news-insights/case-law-comment/repair-costs-assessing-the-liability-of-costs-for-repair-of-pipework-under-service-charge-southwark-london-borough-council-v-royce-and-another-2019/
Can a landlord charge tenants for repairs where replacement may be more reasonable? The background In De Havilland Studios Ltd v Peries & another [2017], the landlord proposed undertaking repair...
https://www.jbleitch.co.uk/news-insights/case-law-comment/replacement-and-repair/
Whether a landlord can refuse consent where it perceives a risk of enfranchisement claim The background In Rotrust Nominees Ltd v Hautford Ltd [2018], the tenant was required by the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/request-for-consent-to-planning-permission-application/
The Supreme Court considers the Courts’ jurisdiction to modify or discharge restrictive covenants where a claimant relies on ‘public interest’ as a ground. The background In Alexander Devine Children’s Cancer...
https://www.jbleitch.co.uk/news-insights/case-law-comment/restrictive-covenants-supreme-court-determines-approach-when-considering-public-interest-ground-alexander-devine-childrens-cancer-trust-v-housing-solutions-ltd-2020/
When considering an application by a leaseholder for consent under a restrictive covenant, can the freeholder take into account interests and input from other leaseholders in the building and, further,...
https://www.jbleitch.co.uk/news-insights/case-law-comment/restrictive-covenants-when-a-landlord-can-legitimately-withhold-its-consent-to-approval-of-plans-under-a-restrictive-covenant-89-holland-park-management-ltd-v-hicks-2020/
When is a building ‘structurally detached’ for the purposes of an RTM claim? The background CQN RTM Co Ltd v Broad Quay North Block Freehold and another [2018] concerned a...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-claims/
Incomplete applications and attempts to rectify The background Robert Court RTM Company Ltd v The Lough’s Property Management Ltd [2019] concerned a claim for the right to manage served by...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-claims-incomplete-applications-and-attempts-to-rectify/
Where leaseholders of student accommodation served a Right to Manage claim, did the premises qualify as ‘separate dwellings’ for the purposes of the definition in the Commonhold and Leasehold Reform...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-considering-whether-premises-are-occupied-as-a-separate-dwelling-q-studios-stoke-rtm-v-premier-ground-rents-no-6-2020/
Where notice of invitation to participate in a Right to Manage company was not given to all qualifying tenants, does this invalidate all claim notices? The background In Avon Ground...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-valid-service-of-notices-of-invitation-and-whether-parties-were-qualifying-tenants-avon-ground-rents-ltd-v-canary-gateway-block-a-rtm-company-ltd-and-another-company-2020/
Where an RTM company failed to respond to a landlord’s request for further information and documents were subsequently supplied late during the course of proceedings, was determination by the FTT...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-an-appellant-had-been-given-fair-opportunity-to-respond-to-an-rtm-application-where-documents-were-supplied-late-assethold-ltd-v-63-holmes-road-london-rtm-co-ltd-2020/
How the acquisition of the right to manage affects a management order under Landlord and Tenant Act 1987 and whether that management order can be varied. The background Benthan and...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-an-order-appointing-a-manager-under-landlord-and-tenant-act-1987-can-be-varied-benthan-and-another-v-lindsay-court-st-annes-rtm-company-ltd-and-another-2020/
Where an RTM Company serves notice of its intention to acquire rights to manage, will its claim survive a failure to follow specific elements of procedure? The background In Lexham...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-an-rtm-claim-can-succeed-where-there-has-been-a-failure-to-follow-procedure-lexham-house-rtm-company-ltd-v-european-investments-development-properties-ltd-2019/
Where an RTM Company has acquired rights to manage over a property which is part of a larger estate, how far does the right to manage extend and can the...
https://www.jbleitch.co.uk/news-insights/case-law-comment/right-to-manage-whether-lessees-of-a-shared-estate-were-still-liable-to-pay-estate-charges-where-an-rtm-company-has-acquired-rights-to-manage-firstport-property-services-v-settlers-company-rtm-limited/
During a dispute between neighbouring properties, was the ‘dumping’ of cars on land adjacent to a right of way sufficient to warrant grant of an injunction requiring their removal? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rights-of-way-application-for-injunction-relating-to-interference-with-rights-of-way-carnegie-v-raleigh-2020/
Where a building extension substantially reduces the light to a neighbouring property, is there an actionable nuisance if light to the affected property is already poor in any event, and...
https://www.jbleitch.co.uk/news-insights/case-law-comment/rights-to-light-will-an-injunction-to-cut-back-be-awarded-even-where-a-redevelopment-is-completed-and-fully-let-beaumont-business-centres-ltd-v-florala-properties-ltd-2020/
What constitutes vacant possession? The background The tenant, an NHS Trust, exercised the break option contained within its lease of office premises on the Wirral. As is the norm, exercise...
https://www.jbleitch.co.uk/news-insights/case-law-comment/riverside-park-limited-v-nhs-property-services-limited-2016/
Arrears arising under rentcharges and rentcharge leases The background Morgoed Estates, a company which manages rentcharges, granted 99-year leases of each of the properties for which it managed rentcharges in...
https://www.jbleitch.co.uk/news-insights/case-law-comment/roberts-others-v-lawton-others-2016/
Is estoppel by convention affected by correspondence between the parties? The background The respondents were tenants of a maisonette under a lease which contained the following covenant that tenants were:...
https://www.jbleitch.co.uk/news-insights/case-law-comment/roundlistic-limited-v-jones-seymour-2016/
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/blogs/rtm-applications-challenging-unqualified-assumptions/
In this blog we review a Court of Appeal case which considered whether the failure to give notice of a withdrawal to the qualifying tenants at the same time as...
https://www.jbleitch.co.uk/news-insights/blogs/rtm-claim-effective-withdrawal-of-rtm-claim-notices/
When a company entered into administration, could the administrators sell the freehold property free from security and other charges registered against it? The background In Re Fox Street Village Ltd...
https://www.jbleitch.co.uk/news-insights/case-law-comment/sale-of-land-by-company-in-administration-re-fox-street-village-ltd-in-administration-2020/
Where security of tenure proceedings were undertaken, were appeals in two actions automatically stayed as a result of Practice Direction 51Z and what was the effect of this on determination...
https://www.jbleitch.co.uk/news-insights/case-law-comment/security-of-tenure-coronavirus-stay-of-proceedings-whether-appeals-in-respect-of-security-of-tenure-claims-were-automatically-stayed/
Although warning notices and statutory declarations had been completed in each case, the tenant in this matter applied for an order that their retail premises were protected by the security...
https://www.jbleitch.co.uk/news-insights/case-law-comment/security-of-tenure-in-business-tenancies-whether-commercial-leases-were-within-security-of-tenure-provisions-tfs-stores-ltd-v-designer-retail-outlet-centres-mansfield-general-partner-ltd-and-other-com/
In circumstances where a tenant’s declaration to exclude leases from security of tenure provisions was completed without reference to a specific term commencement date, was the exclusion still valid? The...
https://www.jbleitch.co.uk/news-insights/case-law-comment/security-of-tenure-in-business-tenancies-whether-commercial-premises-were-protected-by-security-of-tenure-tfs-stores-ltd-v-bmg-ashford-ltd-2021/
Where a tenant defendant’s defence and counterclaim are struck out, and where the question of reasonableness of service charge is removed from consideration, the Court of Appeal assesses the appropriate...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-assessing-judgment-and-costs-where-a-defendants-defence-and-counterclaim-are-struck-out-gell-v-32-st-johns-road-eastbourne-management-company-ltd-2021/
A range of issues arose in relation to the recovery by a landlord through service charge of costs including legal costs and management fees, First-tier Tribunal jurisdiction and the FTT’s...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-assessment-of-proper-and-reasonable-costs-and-claiming-for-legal-proceedings-under-service-charge-eshraghi-and-others-v-79-avenue-road-london-house-ltd-2020/
When are service charge costs incurred by tenants and intermediate landlords? The background Westmark (Lettings) Ltd v Peddle [2017] concerned the settlement of residential service charges. By statute, a tenant...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-costs/
What constitutes a notice that service charge costs have been incurred? The background Skelton v DBS Homes (Kings Hill) Ltd [2017] addressed the service charges incurred by a freeholder; under...
https://www.jbleitch.co.uk/news-insights/case-law-comment/service-charge-demands/
