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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Wales & West HA v Paine

Other
Ms Paine had denied any liability to pay management fees as a service charge. She did not dispute the amount, rather, contended that no fee could be charged at all.

Thirlaway v Masculet and others

Other
The case concerned three flats in a converted Victorian terraced house where the leaseholders each held a share in the freehold company. One of their number (the appellant) was the manager.

Gala Unity Ltd v Ariadne Road RTM Co Ltd

Right to Manage
Part 2, Chapter 1, Commonhold and Leasehold Reform Act 2002 established the Right to Manage. In outline, qualifying leaseholders of flats can form and join a company (called an RTM Company) to acquire the management functions of their landlord in respect of their leases. In order to qualify for the RTM, the building has to be, inter alia, a “self-contained building or part of a building with or without appurtenant property” (s.72).

Manley v Metropolitan Properties Co. (FGC) Ltd

Lease Extension
Report of the lease extension case Manley v Metropolitan Properties Co. (FGC) Ltd, case reference LON/00AY/2012/0320, decided in the Leasehold Valuation Tribunal on 05/10/2012. The case of Manley v Metropolitan Properties Co. (FGC) Ltd involved the purchase of a new lease of a residential apartment in London under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Padmore v The Official Custodian for Charities on behalf of the Trustees of the Barry and Peggy High Foundation

Enfranchisement
Report of the enfranchisement case Padmore v The Official Custodian for Charities on behalf of the Trustees of the Barry and Peggy High Foundation, case reference LON/00AK/OCE/20012/09112, decided in the Leasehold Valuation Tribunal on 1/10/2012. The case of Padmore v The Official Custodian for Charities on behalf of the Trustees of the Barry and Peggy High Foundation involved the purchase of the freehold interests in two residential apartments in Hertfordshire under the Leasehold Reform, Housing and Urban Development Act 1993.

Eveson and Eveson v Mattey

Lease Extension
Report of the lease extension case Eveson and Eveson v Mattey, case reference LON/00AC/OLR/2012/0696, decided in the Leasehold Valuation Tribunal on 24/10/2012. The case of Eveson and Eveson v Mattey involved the purchase of a new lease of a residential apartment in London under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Sinha and Dabrowski v Tulsesense Limited

Costs
Report of the case Sinha and Dabrowski v Tulsesense Limited, case reference LON/00AJ/OLR/2012/0657 & 0650, decided in the Leasehold Valuation Tribunal on 22/10/2012. The case of Sinha and Dabrowski v Tulsesense Limited involved determination of the costs incurred in relation to an application for a lease extension of two residential apartments in Middlesex under the Leasehold Reform, Housing and Urban Development Act 1993.

Wellcome Trust Ltd v Mitchinson

Lease Extension
Report of the lease extension case Wellcome Trust Ltd v Mitchinson, case reference LON/00AW/OLE/2012/0500, decided in the Leasehold Valuation Tribunal on 16/10/2012. The case of Wellcome Trust Ltd v Mitchinson involved the purchase of a new lease of a residential apartment in London under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Winterton, Urry and Bright v Singh

Enfranchisement
Report of the enfranchisement case Winterton, Urry and Bright v Singh, case reference PJ/LON/00BE/OCE/2012/0167, decided in the Leasehold Valuation Tribunal on 17/10/2012. The case of Winterton, Urry and Bright v Singh involved the purchase of the freehold interest in a residential apartment in London under the Leasehold Reform, Housing and Urban Development Act 1993.

Ground Rents (Regis) Ltd v Fine Link Property Management Limited Liability Company

Enfranchisement
Report of the enfranchisement case Ground Rents (Regis) Ltd v Fine Link Property Management Limited Liability Company, case reference CAM/00KF/OCE/2012/0014, decided in the Leasehold Valuation Tribunal. The case of Ground Rents (Regis) Ltd v Fine Link Property Management Limited Liability Company involved the purchase of the freehold interest in a residential apartment in Essex under the Leasehold Reform, Housing and Urban Development Act 1993.

Sinclair Gardens Investments (Kensington) Limited v Paul Edward Liggins

Costs
Report of the case Sinclair Gardens Investments (Kensington) Limited v Paul Edward Liggins, case reference CAM/2UE/OC9/2012/0002, decided in the Leasehold Valuation Tribunal on 23/10/2012. The case of Sinclair Gardens Investments (Kensington) Limited v Paul Edward Liggins involved determination of costs incurred in relation to an application under the Leasehold Reform, Housing and Urban Development Act 1993.

Alexandra Foster v Buchlew Properties Ltd

Costs
Report of the case Alexandra Foster v Buchlew Properties Ltd, case reference CAM/00MC/OC6/2012/0001, decided in the Leasehold Valuation Tribunal on 21/09/2012. The case of Alexandra Foster v Buchlew Properties Ltd involved determination of costs incurred in relation to an application under the Leasehold Reform, Housing and Urban Development Act 1993.

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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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