Case Law

The respondent tenants had applied to the LVT under s.27A, 1985 Act, for a determination as to their liability to pay service charges in respect of certain items of work. 

There has been an update to the statutory regulations relating to the Right to Manage in Wales. 

By s.168, Commonhold and Leasehold Reform Act 2002, a landlord may not serve a notice under s.146, Law of Property Act 1925, or otherwise exercise a right of re-entry (i.e. forfeiture)..

By section 81, Commonhold and Leasehold Reform Act 2002, the contents of the claim notice in a right to manage case are prescribed (e.g. name and address of the premises, details of the leases, such other requirements as may be prescribed, as to which, see Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010/825). 

Newham had tried to consult leaseholder in respect of a qualifying long term agreement (see s.20, LTA 1985) under which various works to 71 tower blocks would be carried out. The works were of a scales to engage the Public Works Contracts Regulations 2006 ...

The appellants were the freeholders of a property in London and the respondent was their long leaseholder. In June 2010, the appellants issued proceedings in the county court in respect of unpaid service charges from 2007-2010. 

The facts of the case are not immediately apparent from the judgment, as the respondents appear to have conceded the appeal at the hearing. The decision does, however, restate the correct approach to dealing with evidence in the LVT...

The Brunswick Centre is a well-known mixed residential and commercial development in London. There are almost 400 flats atop perhaps 30 or so commercial units. The flats are (for the most part) heated by a warm air re-circulation system, whereby the heat/hot water is produced by a central boiler and then pumped round the building.

The property in this case had something of an unfortunate history. Following many years of neglect and poor management, the leaseholders successfully applied to the LVT for the appointment of a manager under Pt. 2, Landlord and Tenant Act 1987.

The Leasehold Reform Housing and Urban Development Act 1993 entitles qualifying tenants of flats have the right to acquire the freehold of the property containing their flats. They have to appoint a nominee purchaser for this purpose, which, in practice, is usually a company formed by the leaseholders for this purpose.