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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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Fencott Ltd v Lyttelton Court RTM Company Ltd

Right to Manage
The UT (Martin Rodger, QC, Deputy President) followed its earlier decision in Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd [2013] UKUT 606 (LC) in holding that estate-wide right to manage was permissible.

Pineview Ltd v 83 Crampton Street RTM Co Ltd

Right to Manage
A claim notice in a right to manage claim would not be invalid by reason only of having been signed by the right to manage company's solicitor or other authorised agent, and it did not need to specify whether the premises to which the claim related included appurtenant property.

OM Property Management Ltd

Service Charge
Two breaches of the consultation requirements had not caused lessees to suffer any relevant prejudice in respect of the scope or cost of the major works.  Accordingly, dispensation was granted on condition that (i) the landlord pays the cost of instructing counsel incurred by the leaseholders who participated in the proceedings before the LVT on the landlord’s application for dispensation; and (ii) the landlord shall not include in the service charge its costs of the appeal or its application for dispensation.

PAS Property Services Ltd v Hayes

Service Charge
The Landlord was not entitled to recover by way of service charges the cost of gas supplied to a common heating system which heated individual apartments. 

Di Marco v Morshead Mansions Ltd

Service Charge
There is no civil remedy available in respect of ensuring compliance with ss.21 and 22 of the Landlord and Tenant Act 1985 (“the 1985 Act”).  Accordingly, a tenant was not entitled to a mandatory injunction compelling the landlord to supply him with a written statement of costs which form part of the service charge (s.21) or to provide him with reasonable facilities for inspecting the documents which support the summary (s.22).

Conway v Jam Factory Freehold Limited

Service Charge
The terms of a lease enabled the recovery of the costs of employing solicitors and counsel in connection with an application by 14 leaseholders of flats for the appointment of a manager under s.24 of the 1987 Act through the service charge payable by all 100 leaseholders. 

Albion Residential Ltd v Albion Riverside Residents RTM Company Ltd

Right to Manage
 A building was not structurally detached as it was joined to another building at subterranean level by a car park. The submission that building means “a built structure above ground” was rejected.

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and anor

Enfranchisement
The owners of two intermediate leases to be acquired by the nominee purchaser in collective enfranchisement can realise the hope value of developing the property for use other than as a block of flats, even though this would require purchase of both intermediate leases.

Re: Clarise Properties Ltd’s Appeal

Enfranchisement
Valuation under s9(1) of the Leasehold Reform Act 1967 should be via a three-stage approach.

Voyvoda v Grosvenor West End Properties & anr

Enfranchisement
The Zuckerman addition, an increase on the deferment rate of 5% in Sportelli by 0.25% to reflect additional management risks, no longer has any basis.

Wolfart Gunner Hauser v Howard de Walden Estates Ltd

Enfranchisement

Summary: Relativity between the freehold vacant possession value and the value of the extended lease of a flat which looked like a house was 99%, notwithstanding an argument that a freehold of a house was preferable, because the FHVP value was already reduced to take into account its flying freehold status.

Facts: The LVT determined the premium for the grant of a new lease of a flat under the Leasehold Reform, Housing and Urban Development Act 1993 (“the Act”).The flat in question looked, superficially, like a house, but it did not qualify as such under the Leasehold Reform Act 1967 because the footprint of the basement was much smaller than of the floors above. There was a significant element of oversailing. The freehold title excluded the remainder of the land at basement level. Hence the freehold was a flying freehold.

Eaglesham Properties Limited v John Jeffrey

Appointment of a Manager
Does the LVT have jurisdiction to extend an interim management order made pursuant to Part II of the Landlord and Tenant Act 1987 once the initial period specified in the order has expired.
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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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