Articles tagged Leasehold and shared ownership
Self Insurance and Right to Buy leases
Mihovilovic v Leicester CC [2010] UKUT 22 (LC)
Another Upper Tribunal (Lands Chamber) case. This was an appeal by the leaseholders of an LVT decision in respect of service and major works charges levied by Leicester City Council, the freeholder. There were three main issues in the appeal:
i) A charge for insurance of the building [...]
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Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt.
We’ve covered most of the cases here, but there are some others that are well worth a mention…
Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)
This was a claim under S.11 Landlord and Tenant Act 1985 [...]
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Tenant 1 – 0 Receiver
B v N and others [2009] EWHC 2884 (Admin)
The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a receiver, who, in turn, is empowered to recover possession of the property. By s.80(4)
The [...]
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Applying to set aside possession, or when is a trial not a trial?
Forcelux Ltd v Binnie [2009] EWCA Civ 854
This was the Court of Appeal hearing of an appeal from a decision by a Circuit judge on an appeal from a order to set aside a possession order and grant of relief from forfeiture (Still with us? Good). It is potentially an important case for anyone [...]
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Unfair but not unsatisfactory
Morgan and another v Fletcher and others LRX/81/2008 is an important decision of the Upper Tribunal (Lands Chamber) (aka the Lands Tribunal) on the scope of s.35, Landlord and Tenant Act 1987.
As you’ll remember, Part 4, Landlord and Tenant Act 1987 confers power on an LVT to vary a residential lease in circumstances where the [...]
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Forfeiture and the LVT
By virtue of s.81 Housing Act 1996 and s.168 Commonhold and Leasehold Reform Act 2002 a landlord may not seek to forfeit a residential long lease unless the breach (whether to pay rent, service charges, administration charges or other breach of covenant) has been admitted by the tenant or determined by inter alia, an LVT.
In [...]
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Intermittently exposed
Now, this is a bit of an oddity. Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch) was an appeal from the Supreme Court Costs Office. It concerned when a person should have the protection from liability for costs under s.17 Legal Aid Act 1988.
Mrs Mohammadi was a leaseholder who had pursued a [...]
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Disclaimer, assignment and guarantee
In Shaw v Doleman[2009] EWCA Civ 279 the Court of Appeal confirmed the view taken by some writers as to the effect of the disclaimer of an assigned lease on the obligations of a guarantor. At the same time it highlights that wording common in Authorised Guarantee Agreements (AGA’s) may not mean quite what the [...]
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Improvements, rent and former long leaseholders – a nasty loophole
The recent case of Hughes v Borodex Ltd [2009] EWHC 565 (Admin) illustrates a pitfall that may face the very small number of former long leaseholders who have become assured tenancies as a result of the Local Government and Housing Act 1989 (”the 1989 Act”).
Mrs Hughes had been the tenant under a lease that was [...]
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Leasehold update
A couple of things to leave you with on a Friday afternoon.
Leaseholders who are dissatisfied with the management of their properties are entitled to apply to a Leasehold Valuation Tribunal (LVT) for the appointment of a manager – Part 3, Landlord and Tenant Act 1987. The LVT may appoint a manager in a number of [...]
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