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High Court Refuses Permission for Planning Decision Review

The High Court has rejected an application by a local planning authority (LPA) for permission for statutory review of a planning decision under Section 288 of the Town and Country Planning Act 1990 . A developer applied for permission in principle (PiP)...

Head Landlord Wins Appeal Against Rent Repayment Order

A man who let a house to a company which in turn let rooms in it to tenants has succeeded in his appeal against a rent repayment order after the Upper Tribunal (UT) concluded that he was not the tenants' immediate landlord and therefore no such order could...

Landlord Served With Improvement Notice Wins Appeal

Can a local housing authority serve an improvement notice under Section 12 of the Housing Act 2004 in respect of a hazard that may or may not exist? This question was raised in a landlord's recent appeal to the Upper Tribunal (UT). The landlord had been...

RTM Company Cannot Recover Legal Fees from Tenant

When incurring costs in respect of a property, landlords should consider at an early stage whether these will be recoverable through the tenants' service charges. A right to manage (RTM) company recently failed to persuade the Upper Tribunal (UT) that legal...

Application to Modify Restrictive Covenant Succeeds

The Upper Tribunal (UT) has granted a social housing provider's application to modify a restrictive covenant so as to allow it to proceed with a residential property development. The relevant land was sold in 1975 subject to a conveyance limiting its use...

Landlord Granted Dispensation from Consultation Requirements

Under Section 20 of the Landlord and Tenant Act 1985 , landlords must consult with leaseholders before carrying out works on a building that will cost any one leaseholder more than £250, or risk being unable to recover any costs above that amount....

Leaseholders Not Liable for Replacing Windows

Tenants who are faced with unexpected demands in respect of repair costs would be well advised to seek legal advice. In a recent case, leaseholders of units of student accommodation successfully argued that they were not liable to pay service charges in...

Use of Right of Way Not Unreasonable Interference

Disputes about rights of way often arise between owners of neighbouring residential properties, but can also be an issue for property developers. In a recent case, a property company successfully applied for declaratory relief that current and likely future...

Landlord Counts Cost of Obstructing Collective Enfranchisement

The Leasehold Reform, Housing and Urban Development Act 1993 gives leaseholders the right to buy the freehold of their properties in certain circumstances, a process known as collective enfranchisement. While landlords may not welcome leaseholders...

Wrong Address a Reasonable Excuse for Landlord

Landlords would be well advised to ensure all records regarding their properties are kept up to date. Recently, however, the Upper Tribunal (UT) agreed with a residential landlord that she had a reasonable excuse for failing to comply with an Improvement...
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