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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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".
Westbrook Dolphin Square Limited v Friends Life Limited & Anr
A scheme set up with the sole purpose of taking advantage of the right to collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 (“the Act”) by demising two leases each to hundreds of SPVs, in order to avoid the rule that a tenant holding three or more leases could not be a qualifying tenant under s.5, was effective.