Ask from our Property Experts

Category:

What our customers are asking:

how does the case of Iperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 is a notable legal case application of restrictive covenants and the rights and obligations of parties in relation to leasehold properties?

The case of Iperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 is a notable legal case that deals with the interpretation and application of restrictive covenants and the rights and obligations of parties in relation to leasehold properties.Re...

how does The case of Mullaney v Maybourne Grange (Croydon) Management Co [1986] 1 E.G.L.R. 70 deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties?

The case of Mullaney v Maybourne Grange (Croydon) Management Co [1986] 1 E.G.L.R. 70 is a significant legal case that deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties.Mr. Mullaney challenged the validity and e...

why does the case of Beazer Investments Ltd v Brown issue of misrepresentation and its consequences in contract law

The case of Beazer Investments Ltd v Brown is a notable legal case that deals with the issue of misrepresentation and its consequences in contract law.In this case, Beazer Investments Ltd (the claimant) entered into a contract with Mr. Brown (the defendant) for the s...

how does The case of Harry Johnson, June Johnson, and others v County Bideford Ltd [2012] UKUT 457 (LC) deals with the interpretation and enforcement of service charges in leasehold properties?

The case of Harry Johnson, June Johnson, and others v County Bideford Ltd [2012] UKUT 457 (LC) is a notable legal case that deals with the interpretation and enforcement of service charges in leasehold properties.In this case, Harry Johnson, June Johnson, and other l...

what conflicts arise from the case of Akorita v 36 Gensing Road Ltd [2009] EWLands?

The case of Akorita v 36 Gensing Road Ltd [2009] EWLands is a notable legal case that deals with disputes arising from leasehold properties and the interpretation and enforcement of lease agreements.In this case, the defendant, 36 Gensing Road Ltd, was sued by the cl...

What does The case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) deal?

The case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) is a notable legal case that deals with the reasonableness of service charges in leasehold properties and the interpretation and application of relevant lease terms.In this case, Po...

why does The case of BDW Trading Ltd v South Anglia Housing Ltd enforcement a contract for the sale of land?

The case of BDW Trading Ltd v South Anglia Housing Ltd is a notable legal case that deals with the interpretation and enforcement of a contract for the sale of land and the consequences of a breach of contract.In this case, BDW Trading Ltd (the claimant) and South An...

how does The case of Johnson v County Bideford [2012] UKUT 457 (LC) deal with the issue of service charges in leasehold properties and the rights and obligations of leaseholders and landlords?

The case of Johnson v County Bideford [2012] UKUT 457 (LC) is a notable legal case that deals with the issue of service charges in leasehold properties and the rights and obligations of leaseholders and landlords.In this case, the claimant, Mr. Johnson, was a leaseho...

How does The case of Johnson v County Bideford Ltd [2012] UKUT 457 (LC) deals with the issue of service charges in leasehold properties?

The case of Johnson v County Bideford Ltd [2012] UKUT 457 (LC) is a notable legal case that deals with the issue of service charges in leasehold properties and the rights and obligations of leaseholders and landlords.Mr. Johnson, the claimant in this case, was a less...

why is the case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

The case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) is a significant legal case that deals with the interpretation and enforcement of restrictive covenants in the context of property law.In this case, the defendant Leon Di Marco was accused of...

how does The case of Pole Properties Ltd v Feinberg [1981] 43 P&CR 121 deals with the issue of adverse possession?

The case of Pole Properties Ltd v Feinberg [1981] 43 P&CR 121 is a notable legal case that deals with the issue of adverse possession and its application in property law.Pole Properties Ltd., the claimant in this case, sought to take ownership of a plot of land t...

what does The case of Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) deal with?

The case of Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) is a significant legal case that deals with issues of property rights, specifically the right to light and the impact of development on neighboring properties.In this instance, the claimants,...

How does the Avon Ground Rents Ltd v Cowley 2019 sheds light on the obligations of leaseholders and the remedies available to landlords in the context of leasehold properties?

Avon Ground Rents Ltd v Cowley and others is a notable legal case that deals with the interpretation and application of leasehold covenants and the consequences of breaching those covenants. The case sheds light on the obligations of leaseholders and the remedies ava...

what does the Firstport Property Services Limited v The Various Long Leaseholders of Citiscape revolve around?

Firstport Property Services Limited v The Various Long Leaseholders of Citiscape, commonly referred to as "The Tenants," is a notable case that revolves around the issue of who is responsible for the costs of replacing dangerous cladding on a residential building. Th...

In the case of Minja Properties Limited v. Cussins Property Group [1998] why was thier a dispute between two property companies?

In the case of Minja Properties Limited v. Cussins Property Group [1998] 2 EGLR 52, the High Court of England and Wales, presided over by Harman J, examined a dispute between two property companies, Minja Properties Limited and Cussins Property Group. The case involv...

how does the case of Pemberstone Reversions Limited v Various leaseholders [2018] revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases?

The case of Pemberstone Reversions Limited v Various leaseholders [2018] is a significant decision in UK caselaw that revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases.The case involved Pemberstone Reversions Limited, a l...

How is the case of Oliver v Sheffield City Council [2017] an important decision in UK caselaw that pertains to the duty of care owed by local authorities to protect children in foster care?

The case of Oliver v Sheffield City Council [2017] is an important decision in UK caselaw that pertains to the duty of care owed by local authorities to protect children in foster care.In this instance, a young girl named Poppy was placed in foster care under Sheffie...

How is the case of the case of Daejan Investments Ltd v Benson and Others [2013] addresses the interpretation and application of Section 20 of the Landlord and Tenant Act 1985?

The case of Daejan Investments Ltd v Benson and Others [2013] is a significant decision in UK caselaw that addresses the interpretation and application of Section 20 of the Landlord and Tenant Act 1985. The case specifically explores the requirements for consultation...

How is the case of Sutton (Hastoe) Housing Association v Williams [1988] explores the rights and obligations of landlords and tenants in the context of secure tenancies?

The case of Sutton (Hastoe) Housing Association v Williams [1988] is an important decision in UK caselaw that explores the rights and obligations of landlords and tenants in the context of secure tenancies.Mrs. Williams, a Sutton (Hastoe) Housing Association tenant, ...

why is the case of Lurcott vs wakely deal with the concept of vicarious liability in the context of employer-employee relationships?

The case of Lurcott v Wakely [1911] is a significant decision in UK caselaw that deals with the concept of vicarious liability in the context of employer-employee relationships.The case involved Mr. Wakely, a farmer, who employed Mr. Hirons to carry out work on his f...

why is Anstruther-Gough Calthorpe V Mcoscar [1924] deals with the principles of negligence and duty of care in relation to road accidents?

The case of Anstruther-Gough-Calthorpe v McOscar [1924] is a notable decision in UK caselaw that deals with the principles of negligence and duty of care in relation to road accidents.The case involved a motor vehicle accident between two drivers: Lord Anstruther-Gou...

Why is the case of Phillips And Goddard V Francis (2012) revolves around service charges in leasehold properties?

The case of Phillips and Goddard v Francis, also known as the "Phillips and Goddard v Francis (2012)" case, is a significant decision in UK caselaw that revolves around service charges in leasehold properties. It pertains to the interpretation of Section 20 of the La...

Why is the case of Burr V OM Property Management Limited [2013] important to the timing of invoicing utility bills as service charge?

Burr v OM Property Management Limited [2013] is a notable case in UK caselaw that involved a dispute between a leaseholder, Mrs. Burr, and the property management company, OM Property Management Limited. The case centered around the issue of service charges and the i...

How fast is BTR expanding?

Build to Rent, is a rapidly expanding segment of the UK housing market. BTR is increasingly contributing to overall housing supply. The British Property Federation (BPF), in collaboration with Savills, has reported the sector is growing by 14%+ a year.

What are the risks if we want to carry out an informal consultation process?

Clearly, you would fall foul of specific legislation put in place to protect service charge payers, this is inherently risky.    For emergency works you should start a formal consultation process and simultaneously apply to the Tribunal for a dispensat...

What are the implications if the final price of the works exceeds the tender sum returned?

Best advice is to follow a formal specification and tender process, inviting owners to nominate contractors and to nominate a place where tenders can be inspected.   The Contract Administrator’s job is to try to bring the contract in on budget, he or she sh...

We served a Stage 1 notice covering a wider scope of works than we now intend, what are the risks?

What you as Client need to consider is would the lessees have responded differently to separate notices of intention for separate projects and are you now prejudicing their statutory rights.  A Tribunal may deem this to be too confusing to leaseholder and deemed...

Time has elapsed, should we serve a new Section 20 Stage 1 notice or re-issue the old one?

It is always best practice to issue a new Section 20 notice, time tends to lead to a building dilapidating further and new works being required.  At the very least you should reissue the notice of intention with a letter of explanation.

How long is section 20 valid for?

Although the legislation does not impose a “use-by” date on a section 20 notice case law indicates that the process should take months, not years.   As time passes tender prices will change and the scope of works may increase both of which may render the co...

What are the risks of not doing Section 20 consultation properly?

You are at risk.  However, since 2014 the Daejan vs Benson case suggests that a dispensation from consultation might be granted if it is just and reasonable to do so, eg, emergency communal heating failure in winter, else what you can recover from service charge...