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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.
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Jastrzembski v Westminster City Council

Service Charge
Westminster subsequently asked Mr Jastrzembski to contribute to the costs of the works. Mr Jastrzembski declined to pay and made an application to the LVT for a determination as to, amongst other things, his liability to pay.

Kolup Investments Ltd. v Al-Dhahir

Service Charge
There was then a second set of LVT proceedings (which were the subject of this appeal) relating to the costs of the 2009 case; the landlord sought to recover them through the service charge but the LVT held that no costs were recoverable. 

Avon Estates (London) Limited v Sinclair Gardens Investments (Kensington) Limited

Sinclair Gardens used its own insurance agency, which charged a 12% handling fee, to deal with claims management and a broker to obtain the premium. The overall cost was £4,154.25 to insure the property.

Triplerose Ltd. v Grantglen Ltd and Cane Developments Ltd

Service Charge
The LVT rejected this argument. Triplerose had not suffered any prejudice and, in any event, the error had been rectified by Grantglen notifying Triplerose of the correct name of the landlord in its application to the LVT.

The Moorings (Bournemouth) Limited v McNeil

Other
In 2009, Mr McNeil issued proceedings in the county court for a refund in respect of the charge. He alleged that the management company was not entitled – under the lease – to impose the car parking scheme and that his right of way on the estate had been infringed.

William & Gaydon v Island Homes Housing Association Ltd

Service Charge
The leaseholders successfully appealed to the Upper Tribunal. Once the LVT had admitted the evidence of Mr Lee it was not open to the LVT to reject it simply because Island Homes had had insufficient time to respond to it. 

Cussens v Realread Ltd

Forfeiture
Ms Cussens appealed to the High Court arguing that there was no jurisdiction to enable the county court to make a declaration of this nature. 

The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

Other


The new rules are much more extensive than the previous LVT procedure rules and provide the First-tier Tribunal with more flexible (and useful) case management powers. For example, the First-tier Tribunal will have the ability to strike out a respondent’s statement of case, the power to issue a witness summons and to transfer complex cases to the Upper Tribunal. There is also a provision enabling the Tribunal to set aside its own decision where it has breached the rules of natural justice and for it to review its own decision rather than the appellant appealing to the Upper Tribunal.

 

Voyoda v Grosvenor West End Properties

Other
Mr Voyoda contended that when calculating this value the deferment rate to be applied when calculating any discount should be 5% as opposed to 4.75% that had been held by the LVT. 

Barney v Eastern Green Ltd

Service Charge
Mr Barney’s lease allowed the management company to recalculate his proportion in such manner as the management company shall consider to be equitable.

Re Anna Christie

Appeals
The Upper Tribunal refused permission to appeal. It was incumbent upon the Appellant to provide the Upper Tribunal with good reason why the application for permission to the LVT had been made out of time.

Wallace-Jarvis v Optima (Cambridge) Ltd

Service Charge
The Appellant – and before the LVT other leaseholders of the block – sought to challenge the reasonableness of the water charges for the years 2009 and 2010 which they contended were unreasonably high in amount, namely £20,785 and £28,453.09 respectively.
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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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