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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Consultation on proposed new (First Tier Tribunal) (Property Chamber) Rules 2013

Legislation
The Ministry of Justice has published plans for the merger of the LVT (in its various forms, RAC, RPT, etc) into the First Tier Tribunal (Property Chamber).In outline, it is proposed that the Property Chamber will cover:

Lee v Courtenay Gate Lawns Ltd

Other
Restrictive covenants are, in broad terms, contractual restrictions imposed on the current user/owner of land, often imposed by a former owner of the same land (e.g. Mr A sells a field to Mr B, but includes a covenant preventing Mr B from building flats on it).

Solitaire Property Management v Holden and others

Service Charge
The UT held that the LVT had erred in even considering the alleged use of the reserve fund;

Re: 36 Culpepper Close

Costs
The LVT had found for the landlord on the substantive issues, but held that it was not entitled to recover the legal costs under the terms of the lease as it did not use external solicitors, but had in-house lawyers.

Country Trade Ltd v Hanton

Service Charge
The parties were involved in a service charge dispute. Before the LVT hearing started, the landlord applied for an adjournment on the basis that there was an outstanding appeal to the UT(LC) that it was involved in which it had been criticised by the LVT for a number of things that were now to be considered in this case.

LB Havering v Macdonald

Legislation
The LVT had, during the course of a service charge dispute, disallowed certain costs relating to the provision of television signals and had made an order under s.20C, LTA 1985, preventing the landlord from recovering its legal costs. 

Westbrook Dolphin Square Ltd v Friends Life Ltd

Enfranchisement
Friends Provident owned the freehold of Dolphin Square, London. It contained over 1200 flats, together with leisure facilities. A headlease as granted to a third party who, in turn, had granted an underlease to Westbrook. 

Magnohard Ltd v Cadogan and others

Enfranchisement
Only houses can be enfranchised under the Leasehold Reform Act 1967 and, when deciding if a property is a house, the key test is whether it is a “house reasonably so called”. 

Beitov Properties Ltd v Elliston Martin

Service Charge
Section 47, Landlord and Tenant Act 1987 applies to all demands for rent (whether ground rent or “normal” rent), service charges and administration charges.

Marshall Dixon and others v Wellington Close Management Ltd

Lease Extension
The Landlord and Tenant Act 1987 gives the LVT power to vary residential leases. It can do this if, inter alia, the requisite majority of leaseholders agree and no-more than the specified minority object (s.37). The key provision is s.37(5), which provides that, in a building with more than eight leases, an application “shall only be made” if it is not opposed be more than 10% of the leaseholders and supported by at least 75%.

Aitken and Aitken v Park South Management Limited

Costs
Report of the case Aitken and Aitken v Park South Management Limited, case reference LON00BJLAM20110118, decided in the Leasehold Valuation Tribunal on 20/02/2012. The case of Aitken and Aitken v Park South Management Limited involved determination of costs incurred in relation to an application under the Commonhold and Leasehold Reform Ac 2002.

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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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