LvT Case Law
We provide summaries and analysis of important landmark legal decisions from the LVT, First-tier Tribunal (Property Chamber) and Higher Courts affecting the residential leasehold property sector. It is a valuable resource for anyone involved in this industry.
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Miltonland Limited v Platinum House (Harrow) RTM Co Ltd
Right to Manage
A notice claiming to acquire the right to manage premises under section 80 of the Commonhold and Leasehold Reform Act 2002 was not rendered invalid by the inclusion of property which did not fall within the definition of premises.
Arnold v Britton
The service charge provisions in leases of holiday chalets were to be construed as requiring the tenants to pay a fixed charge of £90 at the beginning of the term of the lease, increasing annually or triannually by a 10% compound, despite the high charges which would be incurred by the end of term.
Tintern Abbey Residents Association Ltd v Owen
Service Charge, Consultation Requirements
A FtT failed to provide sufficient reasons for its decision on a service charge dispute. However, the matter would not be remitted as the tenants had admitted the sums in question and so the FtT had no jurisdiction to hear matter.
Curzon v Wolstenholme & Others
A collective enfranchisement initial notice that is served in accordance with Chapter 1 of Part I of the Leasehold Reform, Housing & Urban Development Act 1993 (“the 1993 Act”) remains in force and is therefore binding on the recipient reversioner unless and until the occurrence of one of the three events prescribed by section 13(11) of the 1993 Act.
Ninety Broomfield Road RTM Co. Ltd and others v Triplerose Ltd
Right to Manage
The Commonhold and Leasehold Reform Act 2002 creates a right for the appropriate proportion of qualifying leaseholders of flats in a self-contained building or part of a building to establish a “right to manage”. This case establishes that a Right to Manage Company set up for this purpose can only acquire the right to manage a single building or part of a building.
Norwich City Council v Simon & Susanne Redford
The council was not entitled to recover a proportion of lightning maintenance costs incurred under a city-wide contract where the costs varied depending upon the number of call-outs and there was no evidence as to what extent, if at all, the costs related to the estate on which the subject property was located.