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LvT Case Law

We provide summaries and analysis of important landmark legal decisions from the LVT, First-tier Tribunal (Property Chamber) and Higher Courts affecting the residential leasehold property sector. It is a valuable resource for anyone involved in this industry.
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Westmark (Lettings) Limited v Peddle & Ors
Costs

Summary

For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.
Ryan v Villarosa
Service Charge

Summary

In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.
Iris Hyslop v 38/41 CHG Residents Co Limited
Appeals, Other

Summary

The First Tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.
Cos Services Limited v Nicholson & Willans
Insurance

Summary

The Upper Tribunal gave guidance as to how an assessment of reasonableness of insurance premiums under s.19 of the Landlord and Tenant Act 1985 ought to be approached.
Curzon v Wostenholme
Enfranchisement

The tenants gave a s.13 notice in 2004, but the tenants did not register it against the landlord’s title. The purchase price was agreed in 2006 and the outstanding terms of acquisition were to be determined by the LVT. Before the matter could be heard, the landlord transferred the freehold to his wife and she then transferred it back to him. When the matter came before the tribunal, the landlord disputed jurisdiction.
Clarise v Rees
Enfranchisement

This was a claim to acquire the freehold of a house under the Leasehold Reform Act 1967. In 1991, the original tenants were granted a 99-year lease at a modest premium and nominal ground rent of £45 per year. The lease provided for a review of the ground rent at 25-year intervals. The review provision provided that the new rent should be a sum “representing the open market letting value of the land” as if it were a vacant site that had not been built on and which had planning permission for residential development.

John Lyon’s Charity v London Sephardi Trust
Enfranchisement

Summary

The landlord appealed against the Upper Tribunal’s determination of the premium payable for the freehold under the Leasehold Reform Act 1967.

Facts
Dodd v Raebarn Estates Ltd
Other

Summary
Contactreal Ltd v Smith
Enfranchisement

Summary

The FTT erred in determining the premium payable for a new lease under the 1993 Act.

Facts
Corvan v Abdel-Mahmoud
Service Charge

Summary

An appeal against FTT’s decision, that a management agreement was a QLTA, was rejected. Costs of portage, and ancillary payroll costs, remitted to FTT for rehearing.

Facts