Case Law

Report of the lease extension case Lynwood Road (Epsom) Limited v Frankel, case reference CHI/43UC/OCE/2011/0020, decided in the Leasehold Valuation Tribunal on 09/07/2012. The case of Lynwood Road (Epsom) Limited v Frankel involved the purchase of a new lease of a residential apartment in Surrey under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Report of the enfranchisement case Andrew Court Resident Association Limited v Unknown, case reference CAM/12UB/OCE/2012/0005, decided in the Leasehold Valuation Tribunal on 13/07/2012. The case of Andrew Court Resident Association Limited v Unknown involved the purchase of the freehold interests in ten residential apartments in Cambridge under the Leasehold Reform, Housing and Urban Development Act 1993.

Report of the case Lee v Ground Rents (Regis) Ltd, case reference CAM/22UE/OCE/2012/0012, decided in the Leasehold Valuation Tribunal on 11/07/2012. The case of Lee v Ground Rents (Regis) Ltd involved determination of the costs payable by the applicant incurred in relation to an application for enfranchisement of a residential apartment in Essex under the Leasehold Reform, Housing and Urban Development Act 1993.

Report of the enfranchisement case Murphy and O'Connor v Starreveld and Brons, case reference CHI/29UN/OCE/2012/0020, decided in the Leasehold Valuation Tribunal on 25/07/2012. The case of Murphy and O'Connor v Starreveld and Brons involved the purchase of the freehold interest in a residential apartment in Kent under the Leasehold Reform, Housing and Urban Development Act 1993.

Report of the enfranchisement case Lacey v Dependable Homes Ltd, case reference CHI/45UH/OLR/2011/0159, decided in the Leasehold Valuation Tribunal on 23/07/2012. The case of Lacey v Dependable Homes Ltd involved the purchase of the freehold interest in a residential apartment in West Sussex under the Leasehold Reform, Housing and Urban Development Act 1993.

Report of the enfranchisement case Cuthell v Dependable Homes Ltd, case reference CHI/45UH/OLR/2011/0136, decided in the Leasehold Valuation Tribunal on 23/07/2012. The case of Cuthell v Dependable Homes Ltd involved the purchase of the freehold interest in a residential apartment in West Sussex under the Leasehold Reform, Housing and Urban Development Act 1993.

Report of the enfranchisement case Coppard v Dependable Homes Ltd, case reference CHI/45UH/OLR/2011/0134, decided in the Leasehold Valuation Tribunal on 23/07/2012. The case of Coppard v Dependable Homes Ltd involved the purchase of the freehold interest in a residential apartment in West Sussex under the Leasehold Reform, Housing and Urban Development Act 1993.

Report of the enfranchisement case Tucker v Dependable Homes Ltd, case reference CHI/45UH/OLR/2011/0133, decided in the Leasehold Valuation Tribunal on 23/07/2012. The case of Tucker v Dependable Homes Ltd involved the purchase of the freehold interest in a residential apartment in West Sussex under the Leasehold Reform, Housing and Urban Development Act 1993.

Report of the case Garland v Freehold Portfolios, case reference CAM/38UE/OLR/2012/0030, decided in the Leasehold Valuation Tribunal on 31/07/2012. The case of Garland v Freehold Portfolios involved determination of the terms of acquisition and costs incurred in relation to an application for a lease extension of a residential apartment in Oxfordshire under the Leasehold Reform, Housing and Urban Development Act 1993.

The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. Among other provisions, s.20 limits to £250 the service charges that a leaseholder can be required to pay in respect, inter alia, of “qualifying works” (i.e. works to a building or other premises: s.20ZA(2), 1985 Act) unless the landlord has either: (i) consulted the tenant in the prescribed manner (Service Charges (Consultation Requirements) (England) Regulations 2003, SI 2003/1987) (“the consultation regulations”) or, (ii) obtained dispensation from some or all of the consultation regulations from the Leasehold Valuation Tribunal (“LVT”) (s.20 and s.20ZA, 1985 Act). The LVT may dispense with any or all of the consultation regulations if it is reasonable to do so (s.20ZA(1), 1985 Act).

In order to qualify for the RTM, a qualifying tenant must be  a leaseholder under a long lease. That is defined in ss.76 and 77, Commonhold and Leasehold Reform Act 2002 as including a lease for a term certain exceeding 21 years (s.76(2)(a)) and a shared ownership lease where the total share held by the tenant is 100% (s.76(2)(e).

The leaseholders applied to the LVT disputing their liability to pay certain service charges from 2005, 2006, 2007, 2008, 2009 and 2010, essentially on the basis that no valid demands had been made. Their application was coupled with another one from their RTM company seeking a determination as to the service charges which should be passed over to the RTM Co (see s.94, CLRA 2002).