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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: 1850

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Windermere Marina Village Ltd v Wild

Type of Case: Service Charge

section 27A(6) of the 1985 Act renders void an agreement that the apportionment of service charges shall be in accordance with a determination of a third party whose decision is to be final and binding. 

Friends Life Management Services Ltd v A & A Express Building Ltd

Type of Case: Service Charge

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

Chowdhury v Bramerton Management Co Ltd

Type of Case: Service Charge

This case turns on its facts but at [26] Martin Rodger QC’s obiter comments on the possible consequences of late service of a demand for payment of an interim service charge payable on account are worth noting. 

Qdime Ltd v Bath Building (Swindon) Management Company Ltd

Type of Case: Insurance, Service Charge

 A covenant to keep the building insured against “the usual comprehensive risks” obliged the landlord to insure against terrorism. 

Daejan Properties Ltd v Griffin

Type of Case: Costs

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

Type of Case: Other

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.

Andrew Mitchell MP v News Group Newspapers Limited

Type of Case: Other

 The key issue in this case is an analysis of CPR r. 3.9 following the Jackson reforms.  The court is now to adopt a more robust approach to granting relief to defaulting parties from the consequences of their defaults.

Christoforou v Standard Apartments

Type of Case: Administration Charges

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

Type of Case: Administration Charges

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.

Fencott Ltd v Lyttelton Court RTM Company Ltd

Type of Case: Right to Manage

The UT (Martin Rodger, QC, Deputy President) followed its earlier decision in Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd [2013] UKUT 606 (LC) in holding that estate-wide right to manage was permissible.

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