Case Law and Tribunals

Our comprehensive hub for navigating the legal landscape of property disputes and regulations. In this section, we delve into precedent-setting cases, legal interpretations, and tribunal decisions that shape property law and governance.

Kyriacou v Linden [2021]

An appeal case where insurance should have been held in the joint names of leaseholder and freeholder. That had not been done and was determined to be a breach of covenant.

10 November 2021
Bedford v Paragon Asra Housing Ltd [2021]

Can the Tribunal make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.

31 October 2021
Maharaj & Lo Porto v Richard Davidoff (Tribunal appointed manager)

A cautionary tale of a tribunal-appointed manager behaving badly and a reminder that the appointed manager’s duty is to carry out what is in the appointing order, and that they answer to the Tribunal.

30 August 2021
Dowse v City of Bradford Metropolitan District Council [2020]

It is now almost impossible for squatters to obtain title to registered land by adverse possession against the will of the owner. This case put the most significant exception to this rule to the test.

23 August 2021
Francis v Sandoz and 92 other leaseholders [2021]

This recent case considers what constitutes a "fair and equitable proportion of costs" when dividing service charges between leaseholders?

13 August 2021
Sir Henry Royce Memorial Foundation v Hardy [2021]

In this recent case the High Court considered what happens when a company receives a section 116 request for access

14 June 2021
Gell v 32 St John’s Road (Eastbourne) Management Co Ltd [2021]

A case about court procedure that turned on service charges and referral to the Tribunal

6 June 2021
Fish Homes Limited v HMRC [2020] UKFTT 180 (TC)

A case where the tax chamber of the FTT grappled with the question as to whether defective cladding on a block of flats renders a flat “unsuitable for use as a dwelling” for SDLT purposes.

27 May 2021
H Stain Ltd v Richmond [2021] UKUT 66 (LC)

This service charge demands case heard in the Upper Tribunal turned on whether or not notice had been given in accordance with the lease provisions.

27 April 2021
Alberti v Cadogan Holdings Ltd [2021]

This enfranchisement case turned on the relevance of tenant improvement to the valuation of freeholds.

20 April 2021

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