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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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Tibber v Buckely & Anr
Enfranchisement
A freeholder cannot seek a leaseback with a greater demise than that specified in the counter-notice.
Howard de Walden Estates Ltd v Accordway Ltd & Anr
Enfranchisement
Service of a notice of separate representation by an intermediate landlord under para 7 of Schedule 11 of the 1993 Act does not prevent the competent landlord agreeing the premium and terms of a lease extension so as to bind him. 
Nogueira v Westminster City Council
Service Charge
The First-tier Tribunal could not accept undertakings from a landlord to carry out remedial works as opposed to making a finding that the works were not of a reasonable standard.
One Housing Group v Kingham
Service Charge
The appellant was the landlord of a large residential estate in London, known as the Barkantine Estate. The estate had been constructed by Tower Hamlets LBC.
Southwark LBC v Oyeyinka
Service Charge
The appellant was the landlord of a house comprised two flats. The respondent was the tenant of one of the flats. The landlord served a notice, under the Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987), of intention to carry out works.
Barratt v Robinson
Service Charge
A landlord was not entitled to recover its legal costs under the covenant for reimbursement of costs in contemplation of proceedings under s.146 of the 1925 Act as there was no evidence that the landlord contemplated proceedings for forfeiture and, in any event, the amount claimed was below the prescribed sum.
Windermere Marina Village Ltd v Wild
Service Charge
section 27A(6) of the 1985 Act renders void an agreement that the apportionment of service charges shall be in accordance with a determination of a third party whose decision is to be final and binding. 
Friends Life Management Services Ltd v A & A Express Building Ltd
Service Charge
A landlord was not entitled in the last financial year of a lease to include provision for expenditure in a future financial year and had to give full credit for such provision which had been charged up to the date the lease had determined
Chowdhury v Bramerton Management Co Ltd
Service Charge
This case turns on its facts but at [26] Martin Rodger QC’s obiter comments on the possible consequences of late service of a demand for payment of an interim service charge payable on account are worth noting. 
Qdime Ltd v Bath Building (Swindon) Management Company Ltd
Service Charge, Insurance
 A covenant to keep the building insured against “the usual comprehensive risks” obliged the landlord to insure against terrorism.