First Tier Tribunal (Property Chamber)
Leasehold Valuation Tribunal
Upper Tribunal (Lands Chamber)

Section 20: Are the consultation requirements “woolly”?

Section 20 of the Landlord and Tenant Act 1985 imposes a limit on the service charges that can be demanded from lessees in respect of “qualifying works” unless the landlord undertakes a consultation process, or obtains dispensation from consultation. The Service Charges (Consultation Requirements) (England) Regulations 2003 set out the [...]

Tribunal determination of service charge payable: declaratory only and unenforceable in the County Court

Under Section 27A of the Landlord and Tenant Act 1985, the tribunal hold jurisdiction to determine whether a service charge is payable and, if it is, as to: The person by whom it is payable. The person to whom it is payable. The amount which is payable. The date [...]

Does payment of service charges amount to an admission?

Lessees (and landlords) have a right to apply to the First Tier Tribunal (Property Chamber) for a determination whether a service charge is payable and, if it is, the amount that’s payable. However, no application may be made to the Tribunal in respect of a matter which has either been [...]

By |2021-06-27T23:22:56+01:0010 January 2021|Blogs, legal update, service charges, Tribunal|0 Comments

Variation of leases: does an inability to recover costs make a lease “unsatisfactory”?

Residential leases are sometimes imperfect, and sometimes unsatisfactory. To help address this, the Tribunal holds jurisdiction to vary the terms of leases either where a lease fails to make satisfactory provision, or by majority consent of the parties. Section 35 of the Landlord and Tenant Act 1987 sets out the [...]

By |2021-06-27T17:35:59+01:0027 December 2020|Blogs, lease variation, legal update, Tribunal|0 Comments

Proceedings in the FTT: when is an application “made”?

The Upper Tribunal (Lands Chamber) in Salehabady v Trustees of the Eyre Estate [2017] UKUT 0060 (LC) provided a worthwhile reminder of the principles regarding service of documents in FTT matters.   Background Mr Salehabady was a tenant of residential premises in St John’s Wood, London and was entitled to an extended [...]

By |2021-06-29T18:20:38+01:009 December 2020|Blogs, legal update, Tribunal|0 Comments

Tribunal decisions: does the Tribunal have to serve them or can it delegate this to another party?

When dealing with applications before the First Tier Tribunal, particularly where there are multiple respondents, it’s common practice for the Tribunal to require the applicant to serve proceedings and other documentation on the respondents. I've been involved in proceedings where the Tribunal have directed service of documents on literally hundreds [...]

By |2021-06-27T17:42:02+01:002 December 2020|Blogs, legal update, Tribunal|0 Comments
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