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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.

Scriven v Calthorpe Estates

The Upper Tribunal gave guidance as to how the FFT’s power to review a decision should be used.

Blackpool BC v Cargill

The terms of the leases allowed a local authority appointed ALMO to recover services described as management costs and the method of assessing such costs on a percentage basis of borough-wide costs was approved (albeit that the percentages allowed as reasonable were slightly reduced).

Cullen v Barnard Lodge Management Limited

It was not open to the appellants to appeal on the grounds that the LVT failed to deal with a contention which was not a live issue before the LVT, nor was it open to the appellants to raise an argument on a point which had been conceded before the LVT.

MacGregor v BM Samuels Finance Group Ltd

The UT’s decision on an appeal from the determination of an application made under s.27A of the 1985 Act only affected those parties to the appeal, not other leaseholders who were a party to the LVT proceedings.

Waverley Borough Council v Arya

Indirect management and administration expenses were recoverable in principle through the service charge but not central management and administration costs of providing services to the estate as a whole when the local authority landlord provided no services to the building of the individual lessee.

Southern Land Securities Ltd v Hodge

Whether a stage 1 s.20 notice sufficiently describes in general terms the works proposed to be carried out is a question of fact and degree to be determined in the circumstances of each case.

Trafford Housing Trust Limited v Rubinstein & Others

Trafford Housing Trust Limited were the freehold owners of a block of flats on Bold Street in Old Trafford. Eight of the block’s occupiers were long leaseholders. Trafford wanted to enter into a qualifying long term agreement so as to carry out major works to the block.

Assethold Ltd v 7 Sunny Gardens RTM Company Ltd

Right to Manage

No notice of invitation to participate in the RTM was served on a deceased leaseholder’s personal representatives in accordance with s.78 of the 2002 Act. The RTM had failed to adduce any evidence that the defect in compliance with the statutory procedure had not caused prejudice so its claim was dismissed.

Assethold Ltd v 13-24 Romside Place RTM Co Ltd

Right to Manage

Summary: A notice of invitation to participate in the RTM was invalid because it incorrectly named the landlord (the freehold title had been transferred and the notice named the former freehold owner). It followed that, as a claim notice can only be given if a valid notice of ivitation to participate has first been served as required by subsection 79(2) of the 2002 Act, the RTM company was not entitled on the relevant date to acquire the right to manage the premises.

No.1 Deansgate (Residential) Ltd v No.1 Deansgate RTM Co Ltd

Right to Manage

Summary: Whether a self-contained building is not “structurally detached” within the meaning of s.72 of the 2002 Act is a question of fact and degree.

Ninety Broomfield Road RTM Co Ltd v Triplerose

Right to Manage

A single RTM company can exercise the right to manage more than one self-contained building. Facts: The UT heard four cases together, all of which concerned one or more of the following issues.....

Phillips v Francis

On 18 November, the Court of Appeal granted the landlord permission to appeal from the High Court’s decision. The appeal is likely to be heard in spring 2014.

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Case Law Editorial Team

Jonathan Upton

Managing Editor

Barrister, Serle Court

Justin Bates KC

Associate Editor

Barrister, Landmark Chambers

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