January 21st, 2019
The Consultation Requirements, which were enacted pursuant to section 20ZA(4) of the Landlord and Tenant Act 1985 (‘the Act’), require a landlord to consult with leaseholders in respect of qualifying works and qualifying long-term agreements. If a landlord fails to comply with the Consultation Requirements, he is only able to recover £250.00 from leaseholders for […]
January 7th, 2019
VW v BH (contested divorce proceedings)(2018) EWFC B68. Divorce is a difficult and stressful process. Divorce trials are thankfully rare; there are only about twenty divorce trials a year from an average 101,669 divorces (2017 figures). The trial Judge said this case, VW v BH, was extraordinary and she was right. It was a long […]
January 7th, 2019
The Appellant is the owner of multiple flats in a converted office and factory. The building, which now comprises of 33 residential flats has a history of disrepair and service charge arrears. The Respondent, which is owned and managed by some of the tenants of the block, took over the management in 2012. In 2015, […]
May 7th, 2018
The Supreme Court, in Barton v Wright Hassall [2018] UKSC 12, confirmed that, as a matter of basic fairness, the Civil Procedure Rules (‘CPR’) apply equally to both represented parties and litigants in person. The case concerned a claim brought by Mr Barton against his former solicitors for allegedly negligently representing him in ancillary relief […]
May 6th, 2018
The decision in Sargeant v Sargeant [2018] EHC 8 (Ch) provides an interesting insight into bringing a claim out of time under the Inheritance (Provisions for Family and Dependents) Act 1975 (‘the Act’). A claim under the Act must be brought within six months from the date on which the grant of representation is taken […]
April 2nd, 2018
Where lessees are obliged to pay service charges under the terms of their lease, they are afforded protection by section 19 of the Landlord and Tenant Act 1985 (‘the Act’), which provides that costs shall only be take into account in determining the service charge payable for a period where they are “reasonably incurred” and […]
March 5th, 2018
Leaseholders who have owned residential flats for more than two years are entitled to ask the landlord to extend their existing lease by a period of 90 years in return for the payment of a premium, provided certain exclusions do not apply. A leaseholder’s entitlement comes from Chapter II of the Leaseholder Reform, Housing and […]
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