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- Category: Articles
- Needs Improvement: Tribunal Quashes Deficient Improvement Notice
- Buildings Safety Act Hub
- Hippersley – an important point
- Loophole in the BSA closed by the Levelling Up & Regeneration Act 2023
- Development agreements: the contractual duty to act in good faith
- Andrew Butler KC reflects on the effect to date of the Building Safety Act 2022
- Andrew Butler KC writes on the implications of the BSA definition of a “qualifying lease” for personal representatives & trustees
- Like buses…four fire safety decisions
- Wearing the right hat: the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly
- Register your block of flats by 1 October 2023 – or go to jail!
- Western Beach Apartments v Leaseholders: fire safety, lease variations and remedies under the Building Safety Act
- Tribunal sheds light on applications for cladding remediation orders
- Cladding remediation and related costs recovery – a new case in the FTT: St John Street Property Services Ltd v Riverside Group Ltd
- When are service charge costs ‘reasonably incurred’?
- 2-4 Leigham Court Road – remediation order – Building Safety Act 2022
- Caught in the Act? Problem cases under the qualifying lease regime in the BSA 2022
- When are Costs “Reasonably Incurred”? – S. 19 of the Landlord and Tenant Act 1985
- RTM companies are entitled to apply for a s.168(4) determination in the FTT: Eastpoint Block A RTM Company Limited v Akehinde Olufunlola Otubaga
- Buildings Safety Act 2022: Different statutory regimes do not operate in isolation (Various leaseholders of Priory Heights v Central Beds Council)
- Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act
- Litigating Remediation Contribution Orders
- Qualifying Leases: Before You Buy
- Limitations on Recovery of Remediation Costs Through the Service Charge: Schedule 8
- Leaseholder Causes of Action: Key Points for Busy Practitioners
- All Change! Landlord Certificate and Leaseholder Deed of Certificate
- Making an Application for a Remediation Contribution Order (RCO)
- FTT finds that VAT on staff costs are reasonably incurred
- The BSA – Faulty Workmanship?
- A red light for short-term lenders
- Andrew Butler KC and Richard Alford in significant “business breakdown” decision
- Avon Ground Rents v Canary Gateway (Block A) RTM: Court of Appeal confirms rights of 200,000 shared ownership leaseholders
- Questions still to be answered; Renters Reform Bill
- Healey v Fraine [2023] EWCA Civ 549
- Managing expectations: Upper Tribunal refuses to discharge misleading manager
- A proliferation of certification: the impact of Part 5 & Schedule 8 of the Building Safety Act 2022 for landlords and managing agents
- Restraining Receivers from Completion: Lexham Securities Limited & Anor v Earlsfort Capital Partners Limited & Ors [2023] EWHC 909 (Ch)
- Building Safety Act 2022 – Easter 2023 Update
- Bucknell v Alchemy Estates (Holywell) Limited [2023] EWHC 683 (Ch)
- Property Litigation: A date with Schedule 8
- A Summary Assessment of Dishonesty: Gupta v Shah [2023] EWHC 540 (Ch)
- Party Walls – no notice, no Act!
- Prescott Place Freeholders Ltd & Ors v Batin & Donovan: High Court hands down judgment in important case on the Landlord and Tenant Act 1987
- Rakusen v Jepsen: Sam Madge-Wyld comments on the decision
- Japanese Knotweed – Mark Loveday discusses the issues on TalkTV
- Original vendor can unilaterally modify restrictive covenants: Cheung v Mackenzie
- What is the point of leasehold? Michael Walsh investigates.
- Kerry Bretherton KC wins the 1st case to consider eligibility for a breathing moratorium
- An Inconclusive Account: Construction and Certification Provisions in Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2
- Stan Gallagher successful in an important RTM decision by the President of the Upper Tribunal (Lands Chamber) that answers “the terrace problem”
- Aviva Investors’ Ground Rents v Williams
- Fearn and others v Board of Trustees of the Tate Gallery
- Andrew Butler KC succeeds in latest Court of Appeal decision on contractual good faith
- Happy birthday to the Telecoms Code
- Dispositions of equitable interests in the digital age: Hudson v Hathway
- Some important topics to keep track of in the residential property sector in 2023
- Mark Loveday contributes to Practical Law’s top tips for remote hearings
- Give me one good reason: Licence to assign
- Applying for first registration of title – the danger of allowing passion to prevail over pragmatism
- Limitation difficulties
- The final word on the recovery of a landlord’s legal costs?
- Recovery of enforcement costs by landlord: Richard Granby represents successful landlord in appeal to the Upper Tribunal
- Upper Tribunal clarifies meaning of “reasonably incurred” in s.19(1) Landlord and Tenant Act 1985 for waking watch costs
- High Court dismisses claim for damages for negligent breach of duty against planning authority
- High Court decision on “date of knowledge” under s14A Limitation Act and warehousing claims
- Court authority piles up
- Disputing Grounds for Possession and Property Guardians
- Enforcement of Service Charges in the County Court
- Legal cost recoverability under leases – a return to orthodoxy?
- Forfeiture – A Cautionary Tale
- Contractual costs and forfeiture clauses: Mayor and Burgesses of the Tower Hamlets London Borough Council v Khan [2022] EWCA Civ 831
- Renters’ Reform: Key Proposals in the “A Fairer Private Rented Sector” White Paper
- In what circumstances can proprietary estoppel defeat an express declaration of trust?
- Residential forfeiture: abandoning a flat with no forwarding address
- Validity of Notices—Where Are We Now?
- Barking and Dagenham v Persons Unknown [2022] EWCA Civ 13
- I’m not telling you, I’m asking you
- New funding proposals for cladding remediation works
- Part 1 – Global 100 v Laleva [2021] EWCA Civ 1835
- The Commercial Rent (Coronavirus) Bill: A resolution to pandemic rent debts? (Part 3)
- The Commercial Rent (Coronavirus) Bill: A resolution to pandemic rent debts? (Part 1)
- Whose land is it anyway? A recent adverse possession case has rendered successful claims even less likely
- A restrictive interpretation?
- Human rights in the time of pandemic
- Possession Proceedings: Where are they now?
- Building Safety Charges: The New Law
- Good Faith – a springboard to “Responsible Contractual Behaviour”?
- Service Charges and Management during the Covid-19 Pandemic: Legal Issues
- The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC)
- Oung Lin Chaun-Hui & Ors v K Group Holdings Inc & Ors
- Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC)
- Firstport Property Services Ltd v Settlers Court RTM Co Ltd & Ors [2019] UKUT 243 (LC)
- Covid 19 and Frustration of Leases
- A busy residential road lies ahead
- A new question: When is a flat not a flat?
- Ghosh v Hanover Gate Mansions Ltd [2019] UKUT 290 (LC)
- Triplerose Ltd v Ms Bronwen Stride [2019] UKUT 99 (LC)
- East Tower Apartments Limited v No.1 West India Quay Residential Limited LON/00BG/LSC/2014/0329
- Camden LBC v Morath [2019] UKUT 193 (LC)
- Westlake Estates v Yinusa [2019] UKUT 225 (LC)
- Jonathan Upton wins important appeal on the Ft-T’s jurisdiction in land registration cases
- Social mobility advocate: Gemma De Cordova
- Right to manage still extends across shared estate, despite practical difficulties
- Farewell to the Assured Shorthold Tenancy
- A Change is Gonna Come
- Persons Unknown and other known unknowns
- Marc Glover acts for tax payers in £2M revenue claim
- LM Homes Ltd v Queen Court Freehold Company Ltd [2018] UKUT 367 (LC)
- Aldford House Freehold Limited v Grosvenor (Mayfair) Estate (1) and K Group Holding Inc (2) [2018] EWHC 3430 (Ch)
- Another Success for Tim Polli QC in High Court Mortgage Case
- Sailing to Byzantium – Blockchain and the art market
- When does the ‘elasticity of reasonable promptitude’ snap?
- Case Analysis: Fearn v Trustees of the Tate Gallery [2018] EWHC 246 (Ch)
- The right to be forgotten – caselaw round-up
- Leasehold Enfranchisement Claims – Why it is difficult to reach an amicable solution
- The recovery of a lessor’s legal costs
- How much should a residential lease extension cost?
- A not so short assured shorthold tenancy
- Valuation under evaluation: proposals for reform
- Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC)
- Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC)
- CQN RTM Co Ltd v Broad Quay North Block Freehold Ltd [2018] UKUT 183 (LC)
- Victory Place Management Co Ltd v Kuehn [2018] EWHC 132 (Ch)
- The cost of putting safety first
- Redeveloped tower blocks are not ‘structurally detached’ from adjacent hotel
- How to value a Residential Lease Extension
- Relief from forfeiture requires proprietary or possessory rights
- Raising the Roof: Roadblocks to Development
- Varying your child maintenance: it can pay dividends!
- Raising the Roof
- When is a management agreement ‘for a term of more than twelve months’?
- Proprietary estoppel and laches
- Churston Golf Club v Haddock [2018] EWHC 347 (Ch)
- In the matter of an application by Pamela Anne Theodossiades [2017] UKUT 461
- No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018] EWCA Civ 250
- The General Boundaries Rule: Land Registry plans
- Re Holden’s Application
- Gaia Ventures Limited v Abbeygate Helical (Leisure Plaza) Limited
- ‘Location, location, location’ requires ‘preparation, preparation, preparation’: Evidence in boundary disputes and claims for adverse possession
- Auctions and Rights of First Refusal
- Can a joint tenant drop out?
- Can a developer oversail my property with a tower crane?
- In brief: Open justice – CPR Part 5.4C(2) (Dring v Cape Distribution Ltd & Others)
- Pressfab Engineering Ltd Re Grange Point [2017] UKUT 448 (LC)
- The Crown Estate Commissioners v Whitehall Court London Limited [2017] UKUT 242 (LC)
- Westmark (Lettings) Limited v Peddle & Ors [2017] UKUT 449 (LC)
- Ryan v Villarosa [2017] UKUT 466 (LC)
- What does the future hold for resi?
- Patrick v McKinley [2017] EWCA Civ 2068
- Humphrey v Rogers (2017)
- We want what you’ve got – compulsory purchase in the era of austerity
- Iris Hyslop v 38/41 CHG Residents Co Limited [2017] UKUT 398 (LC)
- Metropolitan Housing Trust Ltd v RMC FH Co Limited [2017] EWHC 2609 (Ch)
- Burrows Investment Ltd v Ward Homes Ltd [2017] EWCA Civ 1577
- Pickard v Constable [2017] EWHC 2475 (Ch)
- Fitzpatrick v Spencer
- Doberman v Watson
- Can a parking right be an easement?
- Legal maze: the truth about leasehold
- Cos Services Limited v Nicholson & Willans [2017] UKUT 382 (LC)
- Take advice or count the cost
- Challenging the cost of insurance
- Signature of St Albans (Property) Guernsey Ltd v Wragg [2017] EWHC 2352 (Ch)
- Sparks v Biden [2017] EWHC 1994 (Ch)
- Lea v Ward [2017] EWHC 2231 (Ch)
- Restrictive Covenants – can I build a house in the garden?
- Be mindful of the distinctions: requests for consent
- Knowing the law: magicians need not apply
- Fixing the broken housing market – where are we now?
- Grim Determinations
- Welford v Graham [2017] UKUT 297 (TCC)
- West End Commercial Ltd v London Trocadero (2015) LLP [2017] EWHC 2175 (Ch)
- NRAM Plc v Evans [2017] EWCA Civ 1013
- Clarise Properties Ltd v Rees [2017] EWCA Civ 1135
- Curzon v Wolstenholme [2017] EWCA Civ 1098 – Court of Appeal Decision
- Curzon v Wolstenholme [2017] EWCA Civ 1098 – UT Decision
- Landlord & Tenant Digest Volume 21 (5)
- Where to draw the line?
- In what circumstances can a court alter or rectify the land register where there has been a ‘mistake’?
- Landlord & Tenant Digest Volume 21 (4)
- Corvan (Properties) Limited v Maha Ahmed Abdel-Mahmoud [2017] UKUT 228 (LC)
- JLK Limited v Emmanuel Chiedu Ezekwe (& Others) [2017] UKUT 277 (LC)
- Plans to ban leaseholds on new-build houses in England
- Overcoming the hurdles
- Field Reports: R (St John College Cambridge) v Cambridgeshire County Council [2017] EWHC 1753 (Admin)
- Our House, in the middle of Ambridge: Rogers v Burns
- Field Reports: Jones v Oven [2017] EWHC 1647 (Ch)
- Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs
- John Lyon’s Charity v London Sephardi Trust [2017] EWCA Civ 846 (CA)
- Edward H Whybrow & Co Ltd v James
- The Reasonableness of Insurance Premiums
- Heathcote v Doal
- Duel and Duality or Miller-lite
- An unsatisfactory situation
- When is an agreement for ‘more than twelve months’?
- All or nothing?
- Octagon Overseas Ltd & Others v Coates [2017] UKUT 190 (LC)
- Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC)
- Oliver v Sheffield City Council [2017] EWCA Civ 225
- Bang! Bang! Goes the neighbourhood
- Landlord & Tenant Digest Volume 21 (3)
- Overcoming unwelcome occupiers
- Posting an application to the Tribunal
- Nemcova and other headaches for those involved in short term lettings
- How did the Supreme Court solve the SAAMCO problem?
- Paul Geoffrey Clifton v Liverpool City Council [2017] UKUT 74 (LC)
- Elim Court RTM v Avon Freeholds Ltd [2014] UKUT 0397
- Blessed are the dependants, for they shall inherit the earth (possibly)
- Barrister or solicitor – who should you go to?
- The London Borough of Hounslow v Waaler [2017] EWCA Civ 45
- Charles Knapper & Others v Martin Francis (1) & Rebekah Francis (2) [2017] UKUT 3 (LC)
- Southwark Council v Various Lessees of the St Saviours Estate [2017] UKUT 10 (LC)
- Landlord & Tenant Digest Volume 21 (2)
- U v Department for Work & Pensions
- Reeves v Young
- Bucklitsch v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC)
- Avon Freeholds Limited v Alexander Garnier [2016] UKUT 477 (LC)
- East Tower Apartments Limited v No.1 West India Quay (Residential) Limited [2016] UKUT 0553 (LC)
- London Borough of Southwark v Proktor [2016] UKUT 0504 (LC)
- When is relief from forfeiture available?
- Enforcement of payments in party wall matters
- Gray v Elite Town Management
- Landlord & Tenant – Administration Charges
- The Unpaid Vendor’s Lien: When? What? How?
- Down on the Farm – Proprietary Estoppel
- Sinclair Gardens Investments (Kensington) Ltd v Wisbey [2016] UKUT 203 (LC)
- Denholm v Stobbs [2016] UKUT 288 (LC) (aka ’12 Needham Road’)
- Greenpine Investment Holding Ltd v Howard de Walden Estates Ltd [2016] EWHC 1923 (Ch)
- Employment law yearly round-up
- Airbnb – a wonderful idea or is it?
- Farm Law: The detritus of family conflict
- Oral agreements: a walk in the park!
- Non-delegable duties – the hard road for building owners in party wall cases
- Landlord & Tenant Digest Volume 20 (6)
- Fairhold Freeholds No. 2 Limited v Moody [2016] UKUT 311 (LC)
- Landlord & Tenant – Unlawful sub-letting
- 23 Dollis Avenue (1998) Limited v Vejdani [2016] UKUT 365
- Short-term Lettings and the Sharing Economy
- Solving the problem of retrospective awards
- When Airbnb rentals turn into nuisance neighbours
- Winchester Park v Sehayak [2016] EWHC 1216 (QB)
- Hemmise v London Borough of Tower Hamlets [2016] UKUT 109 (LC)
- Willow Court Management Co v Alexander; Sinclair v 231 Sussex Gardens Right to Manage Ltd; Stone v 54 Hogarth Rd, London SW5 Management Ltd
- Sinclair Gardens Investments (Kensington) Limited v Avon Estates (London) Limited [2016] UKUT 317 (LC)
- Kol v Bowring [2015] UKUT 530 (LC)
- Francia Properties Limited v Aristou & Ors (County Court)
- Cardiff Community Housing Association Limited v Kahar [2016] UKUT 0279 (LC)
- Cannon v 38 Lambs Conduit LLP [2106] UKUT 0371 (LC)
- Leaseholders of Foundling Court & O’Donnell Court v London Borough of Camden & Ors [2016] UKUT 0366 (LC)
- Service of a Counter-Notice by email is not permissible
- Sai Ventures Ltd v Compar Properties Ltd Central London County Court
- Landlord & Tenant Digest Volume 20 (5)
- Restrictive Covenants – Is there a Building Scheme?
- Airbnb – a quick buck or a catastrophic mistake?
- How unreasonable?
- Needs Must! Family Justice Council provides guidance for financial orders in ‘needs’ cases
- Equal pay: gender pay gap reporting
- Bibizadeh v Dodosh
- Deposit Dilemmas
- Credit where Creditor’s due
- No Nisi, No Dice
- Sloane Stanley v Mundy & Others
- Stamp Duty Land Tax
- Mills v Savage Central London County Court
- Wyatt v Vince – settled at last, but at what price?
- Management Issues at Mixed-Use Developments
- Recent changes to the Stamp Duty Land Tax legislation
- Beware of residential rights
- Deferment Rate Revisited
- Rights to Light: The Assessment of Damages in Lieu of an Injunction
- Bailey v Devon NHS Trust
- Sloane Stanley Estate v Mundy [2016] UKUT 0226 (LC) – the ‘hedonic regression’ case
- Singha v Heer [2016] EWCA Civ 424
- Does arbitration depend on the court system?
- VAT and service charges: indivisible or not indivisible-is that the question?
- Missed opportunities: the right of light and human rights
- Don’t Overlook Overeaching
- Saving the bank’s security after it is too late…
- Location, Location, Registration
- Enforceability of fixed charges made by overseas companies
- Can lenders avoid cost budgeting?
- Planning for Protests
- Moorjani v Durban Estates
- Sinclair Gardens Investments (Kensington) Ltd v Ray [2015] EWCA Civ 1247
- Mixed-Use Developments: Issues to consider before completion
- R on the application of Farrs Lane Development Ltd v Bristol Magistrates Court
- Article in Local Government Lawyer: Reasonable Adjustment after Griffiths
- What next for ‘stepped’ periodical payments orders?
- Murdoch v Amesbury [2016] UKUT 3 (TCC)
- Mansion Estates Ltd v Hayre & Co [2016] EWHC 96 (Ch)
- Herefordshire Council v Martin Rohde [2016] UKUT 39 (LC)
- Sang Kook Suh v Mace (UK) Ltd [2016] EWCA Civ 4
- What is an easement and how are they created and used?
- Pension offsetting: a question for the Family Court, or for an actuary?
- Sharing the Spoils
- Burns v Burns – elderly testators, mental impairment and the ‘golden rule’
- Marshalling Between Mortgagees – A forgotten power
- Recovery of legal costs under “sweeping up” clauses
- Right to Manage: 51 Earls Court Square (Upper Tribunal)
- Property Supply & Development Ltd v Verity
- Mediation is the most sensible way to resolve service charge disputes
- Collective Enfranchisement: validity of notices
- Ellodie Gibbons in Court of Appeal disrepair case: Moorjani v Durban Estates
- Is Santa Claus running a sweat shop?
- The true employer has no place to hyde: EAT clarifies the effect of TUPE on joint employment relationships
- Refusing Companion Breaches Trust and Confidence
- The Employment Tribunals Rules of Procedure 2013
- Charging orders… what can go wrong?
- Can an LPA Receiver be prevented from selling a Secured Property?
- Mortgages of Residential Long Leases and Liabilities
- Goldsmith Williams Solicitors v E.Surv [2015] EWCA Civ 1147
- Who needs a lawyer, anyway? Limited retainers, financial remedies and drafting consent orders
- Radical thinking on enfranchisement
- Stevens: rethinking rights to be accompanied
- Arbitration in landlord and tenant disputes
- Good Faith Clauses in Development Agreements
- Mind your conduct!
- Sharland and Gohil
- Replacement Attorneys under a Lasting Power of Attorney
- How BR v VT affects interim orders for ancillary relief
- Barnes v Phillips 2015 [EWCA] Civ 1056
- Associate Mark Hoyle has been appointed by Gateley Plc
- Supreme Court awards subrogation as proprietary remedy
- JS v RS – Clearing the Clutter of Contributions & Conduct and Settling for Less!
- Residential service charges – how long have you got to challenge them?
- Winners & losers
- Unintended consequences
- How BR v VT affects interim orders for ancillary relief
- Writs and warrants for possession: what right to notice?
- Administration of justice in mortgage possession claims: uncommon situations
- Construction of Service Charges in Commercial Leases
- Getting your money back
- Outsourcing of services by landlords leaves lessees paying VAT charges
- A summary of Appleton v Gallagher [2015] EWHC 2689
- A summary of BT v VT [2015] EWHC 2727 (Fam)
- Who decides when fair’s fair?
- Chaturachinda v Fairholme
- Gray v Elite Town Management Ltd
- After Freifeld, when might a tenant be refused relief from forfeiture?
- Joint ownership and landlords: who serves notice?
- Overriding Overriding Interests
- The Legal Costs Secured by a Mortgage
- Chaplair Limited v Kumari [2015] EWCA Civ 798
- Committal and possession: Is committal the right route against a persistent occupier?
- Evening Standard: Ex-businessman ‘forced frail parents out of £1.5m house and into care home’
- One Building or More
- Granting an option to purchase a shareholding to a party as relief for unfair prejudice was within the court’s discretion
- Service Charges in Mixed Use Developments
- The un-named baby appeal [2014] EWCA Civ 1524
- Tenants who lack mental capacity to make decisions
- Financial Orders – The Sole Trustee Problem
- Liaw v Lee (Non-recognition of divorce) [2015] EWHC 1462 (Fam) – summary
- What is ‘Med-Arb’?
- Understanding Mediation
- An interview with David Wright – Senior Practice Manager
- Curzon v Wolstenholme & Others [2015] UKUT 73 (LC) [2015] PLSCS 122
- Sit up and take notice
- TUPE and Property Management
- Rosslyn Mansions Tenants’ Association v Winstonworth Limited [2015] UKUT 0011 (LC)
- A New English (Leasehold) Reformation?
- Non-genetic parentage under HFEA 2008
- Wills – Pre-decease of Beneficiary
- Schedule 1 – Child Maintenance
- Missing Persons PoDA 2013
- Service Charges in Mixed-Use Developments
- Standard Form Awards
- When can reliance be placed on the tribunals own expertise
- Party Wall Act article: Estates Gazette
- A critique of the RICS Standard Form Awards
- Leasebacks – what is the landlord entitled to?
- Patel & Anr v Peters & Others
- Knowledge & Approval – A New Approach
- Variation of leases under the Landlord & Tenant Act 1987
- Section 21 notices
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