Case Law

A dispute arose between the parties as to the payment of service charges and a 10% management fee. It was accepted that references to “the Council” had to be read as references to the current freeholder, but it was said that references to the “Borough Treasurer” could not be read as being equivalent to any person in the claimant company and, in particular, the Finance Director. The Court agreed. The lease did not provide for a finance director to play the role of the Borough Treasurer. The Borough Treasu

The report covers a wide range of issues of relevance to those working in leasehold property and is essential reading. It is proposed that there should be a cap on the service charge bills arising from the Decent Homes standard and the Government should pay any necessary top up, however, a number of wider reforms are proposed: (a) it is suggested that there should be consideration given to a separate legislative regime for private sector landlords; (b) there should be substantial reform to the s.20 cons

Over 80 leaseholders across the various local authorities opposed this application. The leaseholders contended that the s.20 consultation requirements represented an important safeguard of their rights. They wanted to be able to meaningfully participate in the selection and nomination of contractors and would lose this right if the application were granted. There was considerable scepticism about the quality of works and supervision provided by the applicants. The LVT refused the application for dispensa

Analysis It is clear, as the LVT accepted, that counter-claims for damages for breach of covenant by a landlord are matters which the LVT can determine. In Continental Property Ventures v White and White the Lands Tribunal expressly confirmed that this was the case. However – the Lands Tribunal also expressed doubts about whether or not the LVT is the most appropriate forum for the determination of such questions. It is not all together clear that this is correct. If a judicial body has jurisdiction to

The property was managed by the claimant management company. Its directors were all leaseholders. A dispute arose with the freeholder and the management company appointed a third party to act as their agent in negotiations with the freeholder.

The Department of Communities and Local Government has declined to cap these bills, but has decided to introduce laws to help local authorities offer flexible loans to leaseholders, and to increase the funding and role of the Leasehold Advisory Service.

Analysis The importance of a clear paper trail cannot be overstated. When the council could not provide documentary evidence that it had considered – and rejected – alternative options, the LVT had no option but to draw adverse inferences from the absence of evidence.

The landlord was the owner of a building in London. In the early 1980s it was let to a company and converted into five business units. The leaseholder paid service charges each year on a scale in excess of what was normally required so as to build up a surplus to cover future expenditure.

A number of points of dispute arose and the case proceeded to the LVT and Lands Tribunal. Before hearing in the Lands Tribunal, the landlord served a leaseback notice in respect of the sixth flat. The tenants took the point that, as it was not included in the initial counter notice, the freeholder was not entitled to a leaseback and the issue came before the Court of Appeal. The Court of Appeal held that a landlord who is served with a notice claiming the right to enfranchise must – at the time of servic