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.

Most Recent Cases

Southwark LBC v Akhtar

Service Charge

Like Sheffield v Oliver, this case concerned the payability of service charges under leases granted pursuant to the right to buy.

Oliver v Sheffield City Council

Service Charge

The relevant factual background is both interesting and a bit unusual. The Respondent, Ms Oliver, held a long lease of a flat that she had acquired from the Council pursuant to the right to buy. Under that lease she covenanted to pay by way of a service charge a contribution to the cost of carr

London Borough of Southwark v Proktor

Service Charge

The Upper Tribunal determined the validity of an estimated service charge demand in light of the decision of London Borough of Southwark v Woelke [2013] UKUT 0349 (LC)

East Tower Apartments Limited v No.1 West India Quay

Service Charge

The Upper Tribunal determined whether costs incurred by a headlessee in providing energy to apartments held on individual underleases were recoverable in circumstances where the systems for metering energy use had malfunctioned.

Bucklitsch v Merchant Exchange Management Company Limited

Service Charge

The Upper Tribunal remitted a case back to the First Tier Tribunal (Property Chamber) (“FTT”) as the FTT had not been entitled to come to the decision it had on the limited facts before it.

Avon Freeholds Limited v Alexander Garnier

Administration Charges, Other

No duress had been applied by a landlord on his tenant when the former sought retrospective consent for works undertaken to his property and payment was then demanded for the same. An explicit statement from the tenant that a payment was “fine” constituted an acceptance of the administration charge such that the First Tier Tribunal (Property Chamber) had had no jurisdiction to determine it.

4-6 Trinity Church Square Freehold Limited v The Corporation of the Trinity House of Deptford Strond

Enfranchisement

Granting the qualifying tenants a revocable licence to use a communal garden did not satisfy s.1(4)(a) of the Leasehold Reform, Housing and Urban Development Act 1993, as the right granted was not "permanent".

Mr Nick Mallory and Others v Orchidbase Limited

Enfranchisement

In determining the premiums payable for new leases of three flats in Hemel Hempstead pursuant to Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 transactional evidence was preferred over graphs of relativity.

87 ST GEORGE’S SQUARE MANAGEMENT V WHITESIDE

Service Charge

The Facts, the Issue and the FTT’s Determination

JAROWICKI V FREEHOLD MANAGERS (NOMINEE) LIMITED & RE: PROKHOROVA

Service Charge

Facts, the Issue and the FTT Decision: