The LVT Bulletin

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The LVT Bulletin provides professional and exclusive analysis of Leasehold Valuation Tribunal and Higher Court decisions affecting the Residential Leasehold Sector. It is a unique and valuable resource for anyone involved in managing residential property.

Latest Articles

  Day v Hosebay Ltd; Howard De Walden Estates Ltd v Lexgorge Ltd (in: Enfranchisement)
Jul 19, 2010
In general terms, the Leasehold Reform Act 1967 entitles certain leaseholders of houses to enfranchise their building. As originally enacted, there was a residence requirement, such that only individuals could exercise the right to enfranchisement, but the Commonhold and Leasehold Reform Act 2002 did away with this, replacing it with a requirement that the lease has been owned by the tenant for at least two years.
  Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd (in: Enfranchisement)
Jun 28, 2010
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch) is the first higher court decision on the meaning of "self-contained part of a building" in the Leasehold Reform, Housing and Urban Development Act 1993.
  Qualifying long term agreements; Consultation (in: Consultation Requirements)
Jun 7, 2010
Paddington Basin Developments Ltd and others v West End Quay Estate Management Ltd [2010] EWHC 833 (Ch), concerns the definition of “qualifying long term agreement” (QLTA) in ss.20 and 20ZA, Landlord and Tenant Act 1985. In outline, if a landlord under a long lease enters into a QLTA without having first complied with the various consultation requirements (Service Charge (Consultation Requirements) (England) Regulations 2003) or obtained dispensation from the LVT, then the recoverable service charges are capped at £100 per tenant in any accounting period.
  LVT Jurisdiction (in: Jurisdiction)
Jun 7, 2010
By s.27A, Landlord and Tenant Act 1985, an application may be made to an LVT to determine, inter alia whether a service charge is payable and in what sum. A service charge is (s.18, 1985 Act) an amount payable by a tenant of a dwelling for services, repairs, maintenance, improvements, insurance or the landlord’s costs of management, the whole or part of which costs vary according to the costs incurred by the landlord in providing the same.
  Service Charges: Masri v The Wellcome Trust Ltd and others (in: Service Charges)
Jun 7, 2010
In Masri v The Wellcome Trust Ltd [2010] UKUT 138 (LC) the respondents had originally demanded c.£19,000 of charges but, after recording a number of concessions by the respondents and determining various remaining items, the charges, the LVT reduced the charges to £1,011.95.
  Ground Rent: Chasewood Park Residents Ltd v Kim (in: Other)
Apr 8, 2010
A landlord suing for arrears of ground rent must both plead and prove compliance with s.166,
  Legislative Developments: Forfeiture (in: Forfeiture)
Apr 8, 2010
The majority of residential leases contain a covenant requiring the leaseholder to pay costs of and occasioned by the service of a notice under s.146, Law of Property Act 1925 (forfeiture).
  Legislative Developments: Limitation (in: Other)
Apr 8, 2010
In Warwickshire Hamlets Ltd and another v Gedden and Others [2010] UKUT 75 (LC), the Upper Tribunal held that,
  Legislative Developments: Variation of leases (in: Other)
Apr 8, 2010
The LVT may vary a residential lease if it fails to make satisfactory provision for, inter alia, the maintenance of any services which are reasonably necessary to ensure that the occupiers of the flats enjoy a reasonable standard of accommodation; when making such a decision, the LVT may have regard to factors relating to the safety, security and condition of any common parts - Landlord and Tenant Act 1987, s.35.
  Appeals / Procedure: Ascham Homes Ltd v Various Leaseholders in LB Waltham Forest (in: Court of Appeal)
Apr 8, 2010
Ascham Homes Ltd v Various Leaseholders in LB Waltham Forest LRX/8/2009 is also not a new case; but, again, I've only recently been able to find a transcript. It is an important decision on the procedure to be adopted in an appeal from the LVT to the Upper Tribunal.
  Service charges: Paddington Walk Management Ltd v Governors of Peabody Trust (in: Service Charges)
Apr 8, 2010
Paddington Walk Management Ltd v Governors of Peabody Trust Central London County Court, April 16, 2009, HHJ Marshall QC [2010] L&TR 6 is not a new case but, despite reading various reports of it, I've only been able to get my hands on a copy of the judgment recently (it's reported in the current volume of the Landlord & Tenant reports).
  Legislative Developments: Consultation provisions: dispensation (in: Legislation)
Apr 8, 2010
Where a landlord carries out qualifying works to a building, or enters a qualifying long term agreement (QLTA) for the provision of services (or works projects under the agreement), the recoverable service charges are capped at £250 per leaseholder (works) or £100 per leaseholder (QLTA) unless the landlord has either:
 
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