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Section 8 Notices - To include, or not to include, the Landlord’s name and address?
Today we focus on Prempeh v Lakhany [2020] EWCA Civ 1422 , a case where the Court of Appeal held that a notice seeking possession under section 8 of the Housing Act 1988, does not have to give the Landlord's name and address, provided that it states the agent's name and address. The issue was…
Upper Tribunal clarifies who benefits from Section 20C Orders
In the recent case of Plantation Wharf Management Limited -v- Fairman & Others [2019] UKUT 236 (LC), the Upper Tribunal held that a Tribunal did not have jurisdiction to make a Section 20C costs order in favour of leaseholders who were not a party to the application, unless they had given their…
Where are we now with remediation of unsafe cladding?
In this week’s Legal Update, we look at the various developments and the current position with the government’s response to remediation of unsafe cladding, two years on from the introduction of the £1b Building Safety Fund (BSF) announced in the March 2020 budget, to support the remediation of…
Building and Fire Safety Round-Up
The last few weeks have seen a number of developments and updates relating to building and fire safety in the residential leasehold sector. This week’s Legal Update contains a ‘round-up’ of those developments. Government confirms EWS1 forms not required for buildings without cladding EWS1 forms…
Can payment of Service Charges be deemed an admission of the debt and the consequences of not doing things properly.
In this Legal Update we delve into the case of Gorrara and others v Kenilworth Court Block E RTM Co Ltd . Background This is a case that has rumbled on since 2019 through two appeals and no doubt has cost both sides considerable sums in costs. It highlights the need for those managing property to:-…
When two become one - How to apply the Right To Manage Claim “Qualifying Premises” test to houses in a terrace that have been converted into flats
Following the outcome of the recent appeal in the Upper Tribunal (Lands Chamber) in Assethold Limited v. Eveline Road RTM Company Limited (“Assethold”), this Legal Update looks at how the right to manage (“RTM”) provisions of the Commonhold & Leasehold Reform Act 2002 (“CLRA”) are to be applied to…
Groundhog day - Can the FTT be asked to revisit an already decided claim?
The obvious answer to the question above, and the answer that the First-Tier Tribunal (“FTT”) gave in this matter at first instance, was ‘no’. Where the FTT has already decided a matter the same claim cannot be brought again in the FTT. There is nothing wrong with that finding you might think. But…
FTT provides further clarity on the making of Remediation Contribution Orders
Almost a year ago now, we reported on what was expected to be the first of many Remediation Contribution Orders (“RCOs”) made by the First-Tier Tribunal (“FTT”) under Section 124 of the Building Safety Act 2022 (“BSA”), in the case of Arjun Batish and other leaseholders -v- Inspired Sutton Limited…
Is this the end of ground rents - probably not!
This week’s Legal Update touches upon the Government’s recent announcement concerning the launch of a consultation that seeks to restrict ground rents set out in current residential long leases. The background The term “ground rent” in the residential property management world is often seen by…
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…
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…
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”)…
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