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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Eaglesham Properties Limited v Leaseholders of Flats 2, 3, 6, 7, 8 and 12 Drysdale Dwellings
Appointment of a Manager
In 2009, J was appointed by the LVT as manager and receiver of a block of 12 flats owned by E, the appellant freeholder, following an application by Ls, the respondents and leaseholders.
John Lyon’s Charity v London Shephardi Trust
(1) The effect of amendments made to s.9(1A) of the Leasehold Reform Act 1967 by the Commonhold & Leasehold Reform Act 2002 was to repeal the preserved rights of lessees with pre-1986 lease extensions to rely on the Court of Appeal decision in Mosley v Hickman...
Windermere Court Kenley, RTM Company Limited v Sinclair Gardens Investments (Kensington) Limited
Right to Manage
On the proper application of the corresponding date rule as expounded in Dodds v Walker  2 All ER 609 (HL), the FTT was wrong to hold that a claim notice was invalid by reason of the specified date notsatisfying the requirements of s.80(7) of the 2002 Act.
Assethold Limited v Watts
Right to Manage, Service Charge
The landlord’s legal costs incurred in party wall proceedings were not recoverable under the provision to “maintain or repair” but part of the costs (for taking professional advice prior to deciding what course to take and the cost of obtaining an injunction) were recoverable as the cost of “all works installations acts matters and things as in the reasonable discretion of the Landlord may be considered necessary or desirable for the proper maintenance safety amenity and administration of the Development".