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.

Marchitelli v 15 Westgate Terrace Ltd (2020)

An Upper Tribunal appeal of an FTT decision and a key reminder on breach of lease matters.

1 July 2020
Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC)

Another case that turned on lease covenants and short-term lets

30 June 2020
Fivaz v Marlborough Knightsbridge Management [2020]

This case deals with a breach of covenant and the landlord’s fixtures.

20 June 2020
Trecarrell House Ltd v Rouncefield [2020]

Failure to provide a gas safety certificate prior to occupation does not prevent a landlord serving a s.21 notice as long as the relevant certificate has been given before service of the notice.

18 June 2020
No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2020]

In this case, the Court of Appeal considered whether consent was unreasonably withheld where two of the grounds for refusal were reasonable, but a third had been held not to be.

2 June 2020
Does defective cladding render a flat “unsuitable for use as a dwelling” for SDLT purposes?

The First-Tier Tribunal has recently 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.

1 June 2020
Duval v 11-13 Randolph Crescent [2020]

A landlord is not entitled to grant a licence for alterations for works which would otherwise breach an absolute covenant where there is a mutual enforceability covenant.

6 May 2020
Pease v Carter [2020]

The reasonable recipient test set down in Mannai Investment Co Limited v Eagle Star Assurance Co Limited [1997] AC 747 applies to notices served under section 8 of the Housing Act 1988.

1 May 2020
The City of Westminster v Kothari [2019]

The subletting of a flat via Airbnb and Booking.com constituted a twofold breach of covenant

30 April 2020
Bevan House Management v Denis Ludwig Becker [2020]

A leaseholder was found to have breached a covenant relating to use of a flat as a private residence where his tenant had marketed the flat on Airbnb.

30 April 2020

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