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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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.
R (on the application of O Twelve Baytree Limited) v. Rent Assessment Panel
Right to Manage
Under the old tribunal rules an applicant could not bring to an end an application for a determination that they had the right to manage under s84(3) of the Commonhold and Leasehold Reform Act 2002 simply by serving a notice of withdrawal.
Pineview Ltd v 83 Crampton Street RTM Co Ltd
Right to Manage
A claim notice in a right to manage claim would not be invalid by reason only of having been signed by the right to manage company's solicitor or other authorised agent, and it did not need to specify whether the premises to which the claim related included appurtenant property.
OM Property Management Ltd
Two breaches of the consultation requirements had not caused lessees to suffer any relevant prejudice in respect of the scope or cost of the major works. Accordingly, dispensation was granted on condition that (i) the landlord pays the cost of instructing counsel incurred by the leaseholders who participated in the proceedings before the LVT on the landlord’s application for dispensation; and (ii) the landlord shall not include in the service charge its costs of the appeal or its application for dispensation.
Di Marco v Morshead Mansions Ltd
There is no civil remedy available in respect of ensuring compliance with ss.21 and 22 of the Landlord and Tenant Act 1985 (“the 1985 Act”). Accordingly, a tenant was not entitled to a mandatory injunction compelling the landlord to supply him with a written statement of costs which form part of the service charge (s.21) or to provide him with reasonable facilities for inspecting the documents which support the summary (s.22).
Conway v Jam Factory Freehold Limited
The terms of a lease enabled the recovery of the costs of employing solicitors and counsel in connection with an application by 14 leaseholders of flats for the appointment of a manager under s.24 of the 1987 Act through the service charge payable by all 100 leaseholders.
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