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FTT's Finding That Tenant Breached Covenant 'Too Broad'

Under Section 168 of the Commonhold and Leasehold Reform Act 2002 , a landlord under a long lease may not serve a notice of forfeiture on a tenant in respect of a breach of covenant unless the tenant has admitted, or the appropriate court or tribunal has...

Supreme Court Allows Developer's Appeal in Planning Case

The Supreme Court has ruled in favour of a developer which had unsuccessfully applied to the local council for discharge of conditions attached to a grant of planning permission. The developer wished to build a mixed-use development that included 650...

UT Rejects Tenants' Appeal Against Costs Order

While the First-tier Tribunal (FTT) is in principle a 'no costs' jurisdiction, it may make an order in respect of costs if a person has acted unreasonably in bringing, defending or conducting proceedings. Recently, the Upper Tribunal (UT) upheld a...

UT Overturns Finding That Company Was Managing HMO

The Upper Tribunal (UT) has upheld a company's appeal against a £10,000 fine for managing or being in control of a house in multiple occupation (HMO), finding that there was no evidence that it was a person managing the property. The local authority...

FTT Rules Leaseholder Must Pay Service Charges

Both landlords and tenants can apply to the First-tier Tribunal (FTT) for a determination of whether a service charge is payable. Recently, a landlord was successful in applying for a determination that a leaseholder was liable to pay it £11,371 in...

FTT Did Not Properly Explain Decision to Vary Improvement Notice

The Upper Tribunal (UT) has upheld an appeal by the landlords of a rental property against a decision of the First-tier Tribunal (FTT) to vary an improvement notice, finding that the FTT had failed to explain why the local authority was justified in...

Supermarket's Challenge to Rival's Planning Permission Fails

The Court of Appeal has rejected a supermarket chain's appeal against the dismissal of its claim for judicial review of a planning permission granted to a competitor. The Court found that the local council had correctly understood and applied the...

Property Developer Can Claim for 'Voluntary' Remedial Work

In a decision that will be welcomed by property developers , the Supreme Court has ruled that if a developer voluntarily remedies defects in a development, there is no rule of law preventing it from seeking damages from the party responsible for the...

Service Charge Reduction Set Aside on Appeal

A management company has successfully appealed against a service charge determination that resulted in a leaseholder's service charge demand being substantially reduced, on the basis that the First-tier Tribunal (FTT) had not properly explained its...

Company Denied Costs of Improvement Notice Appeal

The Upper Tribunal (UT) has declined to set aside a decision of the First-tier Tribunal (FTT) not to make an order for costs in favour of a company which successfully appealed against an improvement notice served on it by the local housing authority under...
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