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Wrong payment date can invalidate service charge demands!

In this week’s Legal Update we look at how crucial it is to ensure that service charge demands strictly comply with the lease to ensure their validity. The recent case of H Stain Limited V Carol Richmond [2021] UKUT 0066 (LC) found that a service charge demand issued to a residential leaseholder…

When should the Tribunal make a s.20C Order in relation to costs

Many (incorrectly) consider the First Tier Tribunal to be a ‘no costs’ jurisdiction and thus that no order will be made against them to pay the other sides costs - win or lose. Whilst the Tribunal can order that either party (landlord or leaseholder) must pay an amount of the costs incurred by the…

How far back can service charges and rent be recovered?

Whilst it should not occur, it is unfortunately a more common problem than it should be. The issue under discussion in this Legal Update is where the payer of service charges, rent or estate rent charges is not pursued for some reason where they have neglected, or elected not, to pay charges due…

The importance of a commencement date in determining whether an agreement was or was not a QLTA - The case of Ghosh v Hanover Gate Mansions Ltd [2019].

In this week’s Legal Update we focus on Ghosh v Hanover Gate Mansions Ltd [2019] UKUT 290 (LC) . This was a case where a leaseholder argued that the management agreement was be a qualifying long term agreement (“QLTA”) under section 20 Landlord and Tenant Act 1985 if it had come into existence when…

Compliant Service Charge demands and the protections of the Building Safety Act 2022

In the recent case of Lehner v Lant St Management Co Ltd [2024] UKUT 135 (LC) , two significant clarifications were provided by the Upper Tribunal (UT) in relation to (a frankly obvious point on) what constitutes a valid service charge demand and a far more detailed look at the approach that should…

Landlord’s refusal of consent - A cautionary tale about reliance upon the correct advice and properly pleading one’s case in the face of dispute.

This legal update discusses the case of Jacobs -v- Chalcot Crescent (Management) Company Limited [2024] EWHC 259 (Ch) which relates to an appeal against an order made in the County Court on the issue of whether a landlord had reasonably withheld its consent for alterations made by the leaseholder…

To enforce or not to enforce? - That is a valid question

Well, here we all are, three months into lockdown and, with some clear relief, the slow release from isolation seems to be coming our way - and just in time for the summer too. What could be better? Given that lockdown started shortly before the March Quarter Day and we have just passed the June…

My ground rent is bigger than yours!

For most of you, it will have been impossible to miss the changes introduced by The Leasehold Reform (Ground Rent) Act 2022 (“the Act”) back in February 2022, banning ground rents (or, more specifically, reducing ground rents to a peppercorn e.g. no monetary value) for “regulated leases”. The Act…