Case Law

In outline, s.20B, Landlord and Tenant Act 1985, creates a special limitation period for service charges; the landlord must either demand them from the leaseholders within 18 months of the costs being incurred or, alternatively, must notify the leaseholders within the same period that costs have been incurred and the leaseholders will be required to pay at a later date.

The Government amended the wording for Ground Rent demands (s.166, 2002 Act) on April 26, 2011. The change is in para. 3 of the Notes for Leaseholders.  

The Court of Appeal has now considered the meaning of  the phrase “self-contained part of a building” in the Leasehold Reform, Housing and Urban Development Act 1993. Qualifying long leaseholders of flats are, in general terms, entitled to collectively enfranchise the building containing their flats. However, not all buildings can be enfranchised.

In this case, the Upper Tribunal had to grapple with two significant procedural questions involving the LVT and enfranchisement. Cadogan Square Properties Ltd was the nominee purchaser of 23 Cadogan Square. The parties were unable to agree the purchase price and the matter was referred to the LVT, which determined the price at a little over £2 million.

  Daejan Investments Ltd v Benson and others was the first opportunity for the Court of Appeal to consider the dispensation provisions in s.20ZA, Landlord and Tenant Act 1985.

  Commonhold and Leasehold Reform Act 2002 makes provision for “qualifying tenants” of a building to form a company that, in turn, will acquire the right to manage the property from the freeholder. A notice of claim is required and in this instance the notice gave less than a month....

This case concerns the correct procedure for service charge demands.

What is a service charge?  Read on to find out what the Lands Tribunal decided when it considered this important issue.

In general terms, the Leasehold Reform Act 1967 entitles certain leaseholders of houses to enfranchise their building. As originally enacted, there was a residence requirement, such that only individuals could exercise the right to enfranchisement, but the Commonhold and Leasehold Reform Act 2002 did away with this, replacing it with a requirement that the lease has been owned by the tenant for at least two years.

This article concerns financial support  and funding for commonhold.