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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Holding & Management (Solitaire Ltd) v Norton and other appeals and Re: Bradmoss Ltd

Administration Charges
These linked appeals concerned sub-letting fees. In all cases the tenant sought to sub-let their flat; and the leases prohibited this without the consent of the landlord/management company. 

Attorney General v Singer & Singer

Service Charge
Mrs Singer was the long leaseholder of a flat within a block of 30 flats. She, and her husband, had a long running service charge dispute with the management company responsible for managing the block. 

OM Property Management Ltd v Burr

Service Charge
Mr Burr was the leasehold owner of 9 Cambridge Square, Royal Eastwood Park, Redhill, RH1 6TG and holds the same under a lease dated December 29, 2000. 

Lawton v 55 Elgin Crescent

Service Charge
Ms Lawton was the leaseholder of a flat in 55 Elgin Crescent. In or around 2004, she paid certain service charge monies on account of major works, which, on her case, had still not been exhausted as she had still not received value for money in respect of the works done. The landlord disagreed.

Highly Charged: Residential Service Charges in London

Right to Manage
The Greater London Authority has published a review of service charges in the capital. 

Webb v Gates and Mellery-Pratt

Lease Extension
Report of the lease extension case Webb v Gates and Mellery-Pratt, case reference CHI/00HN/OLR/2010/0020, decided in the Leasehold Valuation Tribunal on 03/11/2010. The case of Webb v Gates and Mellery-Pratt involved the purchase of a new lease of a residential apartment in Dorset under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Aspel v Wynsel Properties Ltd

Lease Extension
Report of the lease extension case Aspel v Wynsel Properties Ltd, case reference CHI/21UC/OLR/2010/0065, decided in the Leasehold Valuation Tribunal on 13/10/2010. The case of Aspel v Wynsel Properties Ltd involved the purchase of a new lease of a residential apartment in East Sussex under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Tranter v Rilstone

Costs
Report of the case Tranter v Rilstone, case reference CHI/00HE/OC9/2010/0004, decided in the Leasehold Valuation Tribunal on 25/08/2010. The case of Tranter v Rilstone involved determination of costs incurred in relation to an application under the Leasehold Reform, Housing and Urban Development Act 1993.

Yeats v City and Country Properties, Fencott Limited

Lease Extension
Report of the lease extension case Yeats v City and Country Properties, Fencott Limited, case reference CHI/45UF/OLR/2010/0051, decided in the Leasehold Valuation Tribunal on 29/11/2010. The case of Yeats v City and Country Properties, Fencott Limited involved the purchase of a new lease of a residential apartment in West Sussex under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993.

Vermeer v Woodward and Holder

Costs
Report of the case Vermeer v Woodward and Holder, case reference CHI/00ML/OC9/2010/0008, decided in the Leasehold Valuation Tribunal on 27/02/2011. The case of Vermeer v Woodward and Holder involved determination of costs incurred in relation to an application under the Leasehold Reform, Housing and Urban Development Act 1993.

Gates v Taylor

Costs
Report of the case Gates v Taylor, case reference CHI/00HN/OC9/2010/0005, decided in the Leasehold Valuation Tribunal on 12/02/2011. The case of Gates v Taylor involved determination of costs incurred in relation to an application under the Leasehold Reform, Housing and Urban Development Act 1993.

Tamworth Gardens Properties Ltd. v Charles Gallagher Ltd.

Enfranchisement
Report of the enfranchisement case Tamworth Gardens Properties Ltd. v Charles Gallagher Ltd., case reference CHI/24UG/OCE/2010/0005, decided in the Leasehold Valuation Tribunal on 12/09/2010. The case of Tamworth Gardens Properties Ltd. v Charles Gallagher Ltd. involved the purchase of the freehold interest in a residential apartment in Hampshire 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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