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Courts and Case Law

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Overview

The law about flats is extremely complex, frequently changing, and often litigious.  As a result, the court system and in particular the Leasehold Valuation Tribunal and Lands Tribunal play a crucial role in resolving disputes and clarifying the law (where possible!).  Some of the more complicated cases have even been decided by the Court of Appeal and House of Lords. 

In this section, you can learn about all the latest court decisions involving flats as well read expert commentary on some of the more contentious decisions.  If you have more questions, require further clarification, or want to suggest an article don’t forget to contact us, comment on an article or leave a comment in our forum.


Top tips for employees facing a redundancy situation.
Following the Lands Tribunal’s decision in Nailrile, the valuation of intermediate leasehold interests will be much more complex than before, but this recipe guide will see you though.
The House of Lords has dealt another blow to owners of residential or mixed use buildings following its decision today in the case of Les Aggio and Others v Howard de Walden Estates Limited and 26 Cadogan Square Limited v The Earl of Cadogan and Cadogan Estates Limited.
Anna Favre of Pemberton Greenish recalls how one recent landmark case has outlined the prerequisites to something many already thought they knew – what constitutes a house?
Anyone acquiring the freehold to their house will need to think about two taxes in particular, stamp duty land tax (SDLT) and capital gains tax (CGT). Martin Codd of Dawsons LLP reports.
In the seventh series of plain-English legal articles, Yashmin Mistry, Solicitor in the Leasehold Enfranchisement Department of Brethertons LLP highlights an area of law of interest to leaseholders – Reserve Fund and Sinking Funds.
Mark Chick, partner at Bishop & Sewell LLP, takes a close look at February’s landmark ruling by the House of Lords, the first judgment to be made by them under the Leasehold Reform, Housing and Urban Development Act 1993.
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The recent case of Hosebay Limited v Hugo Benjamin Day and Lady Hilary Maureen Greenslade Day (2009) is the latest judicial offering on the thorny issue of what constitutes house under the Leasehold Reform Act 1967 (the Act).
Communal heating systems are very common within older blocks and it is inevitable that at some point the Residents Association will consider abandoning the system in favour of installing independent boilers and heating systems to each flat.Whilst the idea of each resident having their own heating system is desirable for all sorts of reasons, making it happen is not as straight forward as you would imagine, so in order to save you time and money on consultants and surveys let us first look at the practical issues.
Over the past 10 years it has become a cliché for residential developers to hire famous architects. And in Liverpool Grosvenor didn't spare a penny by hiring international architect Cesar Pelli (famous for the Petronas Towers in Kuala Lumpur) to design their landmark city centre block, One Park West.
Leading national property management company Peverel OM has relaunched as OM Property Management. Andrew Billson, Managing Director of Operations at OM Property Management, comments:
As membership of pressure group CARLEX swells, News on the Block interviews co-founder Melissa Briggs, about the Campaign for the Abolishment of Retirement Leasehold Exploitation.
Dr. David channon explains why winter is the busiest period for rodent control. As we all shiver and long for the warmth of our comfy houses whilst commuting to work in the freezing weather, rodents share our sentiments and are also looking for cosy hideouts during the cold snaps.
Peverel Property Management has been awarded the prestigious Investors in People accreditation in recognition of its performance in training and developing its 1,200 staff.
Federation of Private Residents Associations (FPRA) Chairman, Bob Smytherman has written to the Secretary of State with responsibility for the private leasehold sector calling for an independent regulator for the industry, similar to the one that regulates Council Housing and Housing Associations.
The Prime Minister, Gordon Brown, has been petitioned “to create a body which will oversee and regulate the leasehold management industry, enforce a proper code of conduct offering protection to owners of leasehold properties from unreasonable service charges and poor quality of service”.
Ruth Emanuel, Managing Director of Stonedale Property Management has been awarded Fellowship of the Institute of Residential Property Managers (IRPM) for her contribution to the property management industry over the past 23 years.

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