Results for "35"

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Upper Tribunal allows RTM Company to vary leases to recover enforcement costs

In the recent case of 56 Westbourne Terrace RTM Company Ltd -v- Polturak & others [2025] UKUT 88 (LC) , the Upper Tribunal (“the UT”) delivered a crucial ruling that RTM companies may apply under Section 35 of the Landlord and Tenant Act 1987 (“the LTA 1987”) to vary leases (and even introduce new…

When is an unsatisfactory lease unsatisfactory enough?!

In the recent case of Triplerose Limited -v- Stride [2019] UKUT 0099 (LC), the Upper Tribunal (‘the UT’) allowed a leaseholder’s appeal against the decision of the First-Tier Tribunal (‘the FTT’) to vary a lease where there was a failure to make satisfactory provision for the recovery of service…

Sign here, please! Signing of possession notices and deposit certificates

Please note that the decision reported on in this Legal Update was overturned and the updated report on that decision is found in our later Legal Update here . Accordingly, the content of this Legal Update is now out of date and should not be relied upon. In the recent case of Northwood Solihull…

Where the service charge provisions don’t add up to 100% - What to do?

In this Legal Update, we look at an issue concerning the variation of residential long leases previously covered by my colleague here in 2018. More specifically, we will be discussing what options are available to a landlord, management company or leaseholder when faced with a situation whereby the…

How to vary a residential lease

Drafting errors are, unfortunately, commonplace in residential long leases. These could arise as a result of poor forward planning on the part of the lawyer drafting the lease, or simply by reason of human error. A change in circumstances could also mean that the provisions made under the lease are…

Another victory for RTM companies faced with unsatisfactory leases - Eastern Pyramid Group and others -v- Spire House RTM Co Ltd

Earlier this year, the Upper Tribunal ("the UT") gave judgment in 56 Westbourne Terrace RTM Company Ltd -v- Polturak & others [2025] UKUT 88 (LC) , and allowed a somewhat novel application by a right to manage company ("RTM company") to vary leases to enable it to recover enforcement costs where…

Clarity for landlords where leases are unclear on who is responsible for certain repairs

A decision of the First-tier Tribunal in August 2023, brought to our attention by Robert Bowker of Tanfield Chambers and to whom we are grateful, relating to a question that is becoming more prevalent now following the introduction of the Building safety Act 2022, will be of interest to you. It…

FTT makes first Remediation Order for building safety works

Back in January, we saw the First-Tier Tribunal (“FTT”) make the first Remediation Contribution Order (“RCO”) under the new powers introduced by the Building Safety Act 2022 (“BSA”) (see our report here ). Now, almost 8 months later, we have seen the FTT make the first Remediation Order (“RO”)…

Rent Demands - How to ensure that they are valid

You will all no doubt be familiar with demands for Ground Rent on residential units that you manage and that, since 2005, there has been a requirement to use the prescribed form as set out by section 166 Commonhold and Leasehold Reform Act 2002 (“s.166 Notice”). Indeed, in the absence of a demand…

Can a Landlord amend a fixed service charge percentage?

NOTE - The content of this Legal Update was the subject of a subsequent appeal to the Supreme Court and, on 8 February 2023, the order of that court was handed down. Whilst the overall outcome of the case was not amended by the Supreme Court it is important to note that the basis of the finding was…

Supreme Court gives final ruling in Aviva -v- Williams [2023] UKSC 6 on whether a landlord can amend the service charge proportions payable under the lease

In January 2021 we reported on the above case as it travelled through the Courts reaching then, the Court of Appeal - see our report here . The case was appealed again to the Supreme Court, the highest Court in England & Wales, and so a final determination of the question was made and handed down…