Case Law

The Commonhold and Leasehold Reform Act 2002 created a “no fault” right to manage process, whereby qualifying leaseholders of residential buildings could acquire the management of their building via the vehicle of an RTM company. 

The respondent had sued Mr Greening for arrears of service charges and interest of just over £11,000. The case was transferred to the LVT, which allowed the sum claimed in full. 

By Sch.12, para.3, Commonhold and Leasehold Reform Act 2002, a county court is empowered to transfer proceedings to the LVT insofar as they raise  a question within the jurisdiction of the LVT.

The Leasehold Reform, Housing and Urban Development Act 1993, makes provision, inter alia, for qualifying tenants of flats to purchase another 90 years on their lease. If the terms of purchase cannot be agreed, then the LVT is empowered to determine them.

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 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,

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 Housing and Regeneration Act 2008 amended the Housing Act 1985 so as to allow local housing authorities to offer financial assistance in respect of service charges under RTB leases by offering non-commercial loans and/or buying a share of the equity in the lease (see ss.308 and 309, 2008 Act).

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.