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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Barratt v Robinson
A landlord was not entitled to recover its legal costs under the covenant for reimbursement of costs in contemplation of proceedings under s.146 of the 1925 Act as there was no evidence that the landlord contemplated proceedings for forfeiture and, in any event, the amount claimed was below the prescribed sum.
Friends Life Management Services Ltd v A & A Express Building Ltd
A landlord was not entitled in the last financial year of a lease to include provision for expenditure in a future financial year and had to give full credit for such provision which had been charged up to the date the lease had determined
Daejan Properties Ltd v Griffin
An allegation of historic neglect may provide a defence to a claim for service charges if it can be shown that, but for a failure by the landlord to make good a defect at the time required by its covenant, part of the cost eventually incurred in remedying that defect, or the whole of the cost of remedying consequential defects, would have been avoided.
Asbeek Brusse and De Man Garabito v Jahani BV
The key ruling in this case is that Directive 93/13, which has been given effect in UK domestic law by the Unfair Terms in Consumer Contracts Regulations 1999, will apply to a residential tenancy agreement where the landlord is acting for purposes relating to his trade, business or profession and the tenant is not.
Christoforou v Standard Apartments
A landlord’s contractual entitlement to costs against a tenant is an administration charge which is not caught by paragraph 10(4) of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 – which after 1 July 2013 no longer applies in England – or by any rule in the Tribunal Procedure (First–tier Tribunal) (Property Chamber) Rules 2013.
Proxima GR Properties v McGhee
Where a tenant requires consent from the landlord to underlet (and such consent is according to the lease not to be unreasonably withheld), whilst the relevant lease provision did not expressly refer to the landlord being able to charge for such consent, section 19(1) of the Landlord and Tenant Act 1927 applied so as to enable the landlord to charge a reasonable sum.
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