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The LVT Bulletin

Decisions from the LVT and Higher Courts summarised and analysed for you 

The LVT Bulletin provides summaries and analysis of important landmark 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. 

 

Hours of reading and time-consuming research are distilled into a convenient monthly digest with all the facts you need to know, and links to the full pdf decision where available. 

...the easiest way to keep informed about leasehold property case law

 

Key cases are carefully analysed and explained by our specialist legal research team from Arden Chambers and Tanfield Chambers so you can understand the developing law. 

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Number of Results: 1836

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OM Property Management Ltd

Type of Case: Service Charge

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.

PAS Property Services Ltd v Hayes

Type of Case: Service Charge

The Landlord was not entitled to recover by way of service charges the cost of gas supplied to a common heating system which heated individual apartments. 

Di Marco v Morshead Mansions Ltd

Type of Case: Service Charge

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

Type of Case: Service Charge

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. 

Albion Residential Ltd v Albion Riverside Residents RTM Company Ltd

Type of Case: Right to Manage

 A building was not structurally detached as it was joined to another building at subterranean level by a car park. The submission that building means “a built structure above ground” was rejected.

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and anor

Type of Case: Enfranchisement

The owners of two intermediate leases to be acquired by the nominee purchaser in collective enfranchisement can realise the hope value of developing the property for use other than as a block of flats, even though this would require purchase of both intermediate leases.

Re: Clarise Properties Ltd’s Appeal

Type of Case: Enfranchisement

Valuation under s9(1) of the Leasehold Reform Act 1967 should be via a three-stage approach.

Voyvoda v Grosvenor West End Properties & anr

Type of Case: Enfranchisement

The Zuckerman addition, an increase on the deferment rate of 5% in Sportelli by 0.25% to reflect additional management risks, no longer has any basis.

Wolfart Gunner Hauser v Howard de Walden Estates Ltd

Type of Case: Enfranchisement

Eaglesham Properties Limited v John Jeffrey

Type of Case: Appointment of a Manager

Does the LVT have jurisdiction to extend an interim management order made pursuant to Part II of the Landlord and Tenant Act 1987 once the initial period specified in the order has expired.

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