News & Publications: Ranjeet Johal

Long leases and Air BnB

November 2nd, 2016

Given the rise of short-term lets, particularly as a result of the growing popularity of platforms such as AirBnB, the judgment of HHJ Stuart Brigg in Nemcova v Fairfield Rents Limited [2016] UKUT 303 (LC) is one of some interest. The facts of this dispute were fairly straightforward. The tenant had admitted to letting her […]

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To whom does art belong?

January 13th, 2016

There is an age old question that remains unanswered: does art belong to the artist who created it; to the person who has bought it; or to everyone? In the matter of The Creative Foundation v Dreamland Leisure Limited and others [2015], the High Court had to answer a similar – although not quite as […]

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Renewal commissions in letting agreements

September 17th, 2015

A recap on the decision in OFT v Foxtons Ltd. Back in 2009, the Office of Fair Trading brought an action against Foxtons in respect of various provisions in the terms and conditions for their letting-only service relating to the payment of commissions. Specifically, the OFT sought a declaration that these terms (payment of renewal […]

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Good news for landlords

September 12th, 2015

A comment on the decision in Chaplair v Kumrai [2015] EWCA Civ 798. In the last article that was posted on the subject of collection of service charge arrears, it was suggested that it is becoming somewhat difficult to recover the costs of proceedings instigated to recover service charge arrears when a claim is allocated […]

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Collection of Service Charge arrears

September 5th, 2015

Recovery of costs in the Small Claims Court. A very popular method of collecting service charge arrears is for a landlord to issue a claim in the County Court for damages. On many occasions, the leaseholder will not respond and so a judgment in default is obtained. This can be relied on as a determination […]

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The Right to Manage – can an RTM Company manage more than one building?

April 23rd, 2015

The right to manage was introduced by the Commonhold and leaseholder Reform Act 2002, which created the ability for a “right to manage” company (‘RTM company’) to be formed and exercise the management functions contained in the leases, such as insuring the block and collecting service charges. This right is exercisable in respect of a […]

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What is the scope of the Tribunal’s powers under s20C

August 17th, 2014

What is the scope of the Tribunal’s powers when making an order under section 20C of the Landlord and Tenant Act 1985? In SCMLLA (Freehold) Limited [2014] UKUT 0058 (LC), the Upper Tribunal was required to consider the above question, following an appeal from the then LVT. Section 20C of the Landlord and Tenant Act […]

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A comment on the fallout from Mitchell v NGN

April 9th, 2014

A few months have now passed since the high profile decision by the Court of Appeal in Mitchell v NGN and, on the face of it, the outcome looks bleak for practitioners across the country. Litigation has become a procedural nightmare, causing sleepless nights and placing huge amounts of pressure on the already burdened shoulders […]

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New found flexibility in rectifying wills

April 3rd, 2014

Marley v Rawlings [2014] UKSC 2 The Supreme Court gave an important judgment on the ability of the Courts to rectify wills, under their statutory powers, in order to give effect to a testator’s intentions. The facts of this case were fairly straightforward. Mr and Mrs Rawlings had instructed a solicitor to prepare for them […]

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MacGregor v B M Samuels Finance Group Plc [2013] UKUT 471 (LC)

October 31st, 2013

How far does the jurisdiction of the First-tier Tribunal (Property Chamber) extend when dealing with service charge disputes? A comment on the decision in MacGregor v B M Samuels Finance Group Plc [2013] UKUT 471 (LC). The Upper Tribunal (Lands Chamber) recently gave a ruling limiting the First Tier Tribunal (Property Chamber) (“the Tribunal”)’s jurisdiction […]

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