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...
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...
Was the First-tier Tribunal correct to find that service charges were not payable where a tenant argued that statutory prescribed information was not supplied? The background In Westlake Estates Ltd...
On behalf of our landlord client, J B Leitch successfully applied to the First-tier Tribunal (FTT) for determination of reasonableness of service charges demanded from tenants in respect of structural...
A management company proposed to carry out urgent fire safety works to three properties forming part of a development and made an application to the First-tier Tribunal for dispensation from...
Where a landlord proposes to undertake urgent fire safety works at a residential block, can it obtain dispensation from the statutory consultation requirements under section 20 Landlord and Tenant Act...
Was a tenant liable for the payment of service charge where the landlord had failed to supply a certificate or estimate of service charges for one service charge year? The...
Legal Director Phil Parkinson provides advice on the importance of taking a balanced & pragmatic approach to residential service charge recoveries during the COVID-19 crisis. During this challenging period, it...
Recovery of sums to clear a car park of leasehold flats The background In Wilcock v Guinness Partnership Ltd [2019], the appellant occupied a flat under an assured weekly tenancy....
Is a landlord entitled to demand service charges in respect of grounds maintenance where such costs had not previously been demanded? The background In Curo Places Ltd v Pimlett [2020],...
The recoverability of professional fees and ancillary expenses under the service charge The background In Chiswick Village Residents Ltd v Southey [2019], a building contained 280 flats let on long...
Where a tenant has already had an argument dismissed by the First-tier Tribunal, can the tenant later rely on the same facts in separate proceedings? The background In Moorjani v...
During a service charge dispute, the High Court considered a number of issues, notably whether the landlord’s apportionment of service charges had been made in accordance with the lease terms,...
Will mistakes made on a service charge demand invalidate the whole demand? The background In Price v Mattey [2021], the appellant was a long leaseholder of a flat in a...
Where service charge accounts are uncertified as demanded by the lease provisions, are those charges still payable? The background In Powell & Co Investments Ltd v Aleksandrova and another [2021],...
This latest Court of Appeal judgment updates our earlier report on the Upper Tribunal’s decision in this case, which can be found here. The Upper Tribunal had dismissed the landlord’s...
Updating our previous report on the Upper Tribunal’s decision in this case, the Court of Appeal has now considered the lessees’ appeal. The background To recap, in Chuan-Hui and others...
Where a management order is made in respect of a property and service charge arrears accrued whilst the order is in place, can the arrears be assigned to a maintenance...
Where a landlord demands service charges from leaseholders in apportionments that differ from those stated in the leases, are such sums payable by the leaseholders? The background Williams & Others...
The Court of Appeal considers an appeal regarding procedure in the First-tier Tribunal and the FTT’s ability to review one of its own decisions following an application to appeal to...
Whether a service charge dispute could be determined by the First-tier Tribunal The background JLK Ltd v Emmanuel Chiedu Ezekwe and others [2017] concerned a building which had been converted...
Where a landlord is to make a demand for service charge sums from a tenant, is the landlord’s demand validly served and sums payable where insufficient notice is given to...
Where a landlord employed subcontractors to read electricity meters and manage billing processes for electricity at a residential block, was the landlord entitled under the terms of the lease to...
During a service charge dispute, the First-tier Tribunal was asked to determine the reasonableness of service charges paid. On appeal, the Upper Tribunal considered whether the FTT was correct in...
Variations to leases when the sums do not add up The background In Triplerose v Stride [2019], a house was divided into 4 flats, each let on long leases. Triplerose...
A service charge dispute addressed a number of issues, including whether legal costs incurred by the proceedings were recoverable under the service charge paid by lessees. The background In Kensquare...
Where a landlord makes demands of an RTM Company rather than individual leaseholders, and where service charge demands do not meet statutory requirements, are service charges payable under the ’18...
In a case where a defendant stated that he did not receive the proceedings purported to have been served on him, the High Court considered the issues which may arise...
Can a s.146 Notice be served before a right of re-entry has arisen? The background In Toms v Ruberry [2017], the leaseholder of a pub lease was engaged in a...
Do not move too soon in forfeiture proceedings The background In Toms v Ruberry [2019], the leaseholder of a pub lease was engaged in a dispute with the freeholder. It...
JB Leitch Introduce an Innovative Online Service for ID Verification With the disruption and delay brought to our lives by Covid-19, many of us have turned to online solutions to...
Whether use of a property for ‘Airbnb’ subletting breached terms of lease The background Bermondsey Exchange Freeholders Limited v Ninos Koumetto (as Trustee in Bankruptcy of Kevin Geoghehan Conway [2018]...
Proper consideration and planning should be given when varying a lease Whether consents of the majority to vary a lease were to have been acquired when the application was issued....
Consent order prevents full recovery of costs The Background The landlord, Sinclair, took its tenant to County Court in respect of unpaid insurance rent and associated administration charges. The case...
Redevelopment after enfranchisement Snowball was a nominee purchaser which served notice to acquire the freehold of Huntsmore House and its ‘additional premises’, being gardens, the driveway, parking spaces and a...
Legal Director Phil Parkinson and Associate Katie Edwards offer succinct guidance on the issue of tenant insolvency, providing practical and direct answers to some of the most pressing and frequently...
Whether a fixture can be regarded as being in disrepair as a result of its modification The background Eighty Respondents to this appeal held long leases of flats on the...
Whether a losing party is required to give effect to expert determination. The background In Coventry City Council v GK Investments Limited [2018], the parties were in dispute over an...
Background The claimant freeholder of a woodland naturist resort brought the case following its service of a notice to quit against its defendant tenants. The property concerned was a single-story...
Is certification of service charge accounts vital in every case? Is it necessary for service charge sums to be certified by an accountant for them to become payable? The freehold...
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...
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...
Was the First-tier Tribunal correct to find that service charges were not payable where a tenant argued that statutory prescribed information was not supplied? The background In Westlake Estates Ltd...
On behalf of our landlord client, J B Leitch successfully applied to the First-tier Tribunal (FTT) for determination of reasonableness of service charges demanded from tenants in respect of structural...
A management company proposed to carry out urgent fire safety works to three properties forming part of a development and made an application to the First-tier Tribunal for dispensation from...
Where a landlord proposes to undertake urgent fire safety works at a residential block, can it obtain dispensation from the statutory consultation requirements under section 20 Landlord and Tenant Act...
Was a tenant liable for the payment of service charge where the landlord had failed to supply a certificate or estimate of service charges for one service charge year? The...
Legal Director Phil Parkinson provides advice on the importance of taking a balanced & pragmatic approach to residential service charge recoveries during the COVID-19 crisis. During this challenging period, it...
Recovery of sums to clear a car park of leasehold flats The background In Wilcock v Guinness Partnership Ltd [2019], the appellant occupied a flat under an assured weekly tenancy....
Is a landlord entitled to demand service charges in respect of grounds maintenance where such costs had not previously been demanded? The background In Curo Places Ltd v Pimlett [2020],...
The recoverability of professional fees and ancillary expenses under the service charge The background In Chiswick Village Residents Ltd v Southey [2019], a building contained 280 flats let on long...
Where a tenant has already had an argument dismissed by the First-tier Tribunal, can the tenant later rely on the same facts in separate proceedings? The background In Moorjani v...
During a service charge dispute, the High Court considered a number of issues, notably whether the landlord’s apportionment of service charges had been made in accordance with the lease terms,...
Will mistakes made on a service charge demand invalidate the whole demand? The background In Price v Mattey [2021], the appellant was a long leaseholder of a flat in a...
Where service charge accounts are uncertified as demanded by the lease provisions, are those charges still payable? The background In Powell & Co Investments Ltd v Aleksandrova and another [2021],...
This latest Court of Appeal judgment updates our earlier report on the Upper Tribunal’s decision in this case, which can be found here. The Upper Tribunal had dismissed the landlord’s...
Updating our previous report on the Upper Tribunal’s decision in this case, the Court of Appeal has now considered the lessees’ appeal. The background To recap, in Chuan-Hui and others...
Where a management order is made in respect of a property and service charge arrears accrued whilst the order is in place, can the arrears be assigned to a maintenance...
Where a landlord demands service charges from leaseholders in apportionments that differ from those stated in the leases, are such sums payable by the leaseholders? The background Williams & Others...
The Court of Appeal considers an appeal regarding procedure in the First-tier Tribunal and the FTT’s ability to review one of its own decisions following an application to appeal to...
Whether a service charge dispute could be determined by the First-tier Tribunal The background JLK Ltd v Emmanuel Chiedu Ezekwe and others [2017] concerned a building which had been converted...
Where a landlord is to make a demand for service charge sums from a tenant, is the landlord’s demand validly served and sums payable where insufficient notice is given to...
Where a landlord employed subcontractors to read electricity meters and manage billing processes for electricity at a residential block, was the landlord entitled under the terms of the lease to...
During a service charge dispute, the First-tier Tribunal was asked to determine the reasonableness of service charges paid. On appeal, the Upper Tribunal considered whether the FTT was correct in...
Variations to leases when the sums do not add up The background In Triplerose v Stride [2019], a house was divided into 4 flats, each let on long leases. Triplerose...
A service charge dispute addressed a number of issues, including whether legal costs incurred by the proceedings were recoverable under the service charge paid by lessees. The background In Kensquare...
Where a landlord makes demands of an RTM Company rather than individual leaseholders, and where service charge demands do not meet statutory requirements, are service charges payable under the ’18...
In a case where a defendant stated that he did not receive the proceedings purported to have been served on him, the High Court considered the issues which may arise...
Can a s.146 Notice be served before a right of re-entry has arisen? The background In Toms v Ruberry [2017], the leaseholder of a pub lease was engaged in a...
Do not move too soon in forfeiture proceedings The background In Toms v Ruberry [2019], the leaseholder of a pub lease was engaged in a dispute with the freeholder. It...
JB Leitch Introduce an Innovative Online Service for ID Verification With the disruption and delay brought to our lives by Covid-19, many of us have turned to online solutions to...
Whether use of a property for ‘Airbnb’ subletting breached terms of lease The background Bermondsey Exchange Freeholders Limited v Ninos Koumetto (as Trustee in Bankruptcy of Kevin Geoghehan Conway [2018]...
Proper consideration and planning should be given when varying a lease Whether consents of the majority to vary a lease were to have been acquired when the application was issued....
Consent order prevents full recovery of costs The Background The landlord, Sinclair, took its tenant to County Court in respect of unpaid insurance rent and associated administration charges. The case...
Redevelopment after enfranchisement Snowball was a nominee purchaser which served notice to acquire the freehold of Huntsmore House and its ‘additional premises’, being gardens, the driveway, parking spaces and a...
Legal Director Phil Parkinson and Associate Katie Edwards offer succinct guidance on the issue of tenant insolvency, providing practical and direct answers to some of the most pressing and frequently...
Whether a fixture can be regarded as being in disrepair as a result of its modification The background Eighty Respondents to this appeal held long leases of flats on the...
Whether a losing party is required to give effect to expert determination. The background In Coventry City Council v GK Investments Limited [2018], the parties were in dispute over an...
Background The claimant freeholder of a woodland naturist resort brought the case following its service of a notice to quit against its defendant tenants. The property concerned was a single-story...
Is certification of service charge accounts vital in every case? Is it necessary for service charge sums to be certified by an accountant for them to become payable? The freehold...
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