Property, Leasehold and Housing

FTT rules there was no need for consultation in an emergency

An application was made by Little Kelham CIC to the First Tier Tribunal (FTT) under Section 20ZA of Landlord and Tenant Act 1985 (the Act) for dispensation from the consultation requirements of section 20 of the Act and the Service Charges (Consultation...

No fettering: period for appeals can be extended

The Upper Tribunal (Lands Chamber) has ruled that the First-Tier Tribunal (FTT) has an unfettered discretion to extend the 28-day period for appeals from financial penalties that can be imposed under the Housing Act 2004, section 249A. In the case of...

New guidance on the Party Wall Act from RICS

New guidance from RICS on the Party Wall etc. Act 1996 and the circumstances under which the Act applies is now available to RICs members. The guidance assumes that those accepting such appointments possess the necessary knowledge and professional...

Landowners win appeal to boost blight compensation

A group of landowners have won a planning appeal that could boost their potential compensation if their property becomes subject to compulsory purchase. Their land is situated in an area that Highways England is considering for development of a new route. ...

Landlord wins dispute with tenant over service charge for insurance

A landlord has won a dispute with a tenant over service charges for insurance dating back nearly 15 years. The case involved a tenant who held the lease of a flat in a building comprising of three flats and a commercial unit. Under the lease, the tenant...

Landlord was entitled to give tenant only two months' notice

The Court of Appeal has ruled that a landlord was within his rights to end a tenancy agreement without giving his tenant the six-month notice period required under the Housing Act 1988. The tenant, Sarah Bamber, had agreed a seven-year tenancy on the...

High Court: liability for business rates not passed to sham company

The controversy in the case of Broxfield Ltd v Sheffield City Council revolved around demands for business rates sent by the local authority to the appellant on 25 January 2016 in respect of a property known as Courtwood House in Sheffield. There were three...

Meter cupboards are within the demised premises

The Upper Tribunal (Lands Chamber) (UT) has been asked to consider appeals about the extent of maintenance for which a landlord is responsible in relation to demised premises. The cases, Buttermere Court Freehold Ltd v David Goldstrom and Andrew Parissis,...

Service charges decision overturned in Westlake Estates Ltd v Yinusa

The appellant, Westlake Estates Ltd, was the freeholder of Snowshill Place, a purpose-built block of 17 flats. It acquired the freehold in 2008 from Linkhaven Estates Ltd. The respondent, Mr Yinusa, was the tenant of flat 6. He held it under a 125-year...

Property owner must pay £81,000 for work completed on cancelled job

A tenant has successfully appealed a service charge he incurred after his landlord removed rubbish from the car park of the property. The tenancy agreement included the rent payable as well as the right of the landlord to add a variable service charge to...
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