Residential and Commercial Landlord & Tenant
Members of all levels of seniority have significant expertise in a whole range of residential and commercial landlord & tenant disputes and are regularly instructed by developers, property managers, companies and individuals. Our strength and depth enables us to provide assistance on all aspects of litigation relating to tenancies including:
- Leasehold enfranchisement
- Service charges and estate rentcharges
- Lease extensions
- Appointment of Managers
- RTM companies
- Rights of first refusal
- Lease variations
- Rectification of documents and title
- Assignments
- Breaches of covenant
- Dilapidations
- Forfeiture
- Renewal of business tenancies
- Rent reviews
Our barristers regularly appear in the County Courts, High Court (Chancery Division) as well as the First-tier Tribunal (Property Chamber) and Appellant Courts.
As with all our areas of work, we are the authors of many of the key publications in this area. Andrew Dymond and Annette Cafferkey are co-authors of Leasehold Valuation Tribunals – A Practical Guide (Sweet & Maxwell). Justin Bates is the co-author of Leasehold Disputes (Legal Action Group).
We are exceptionally strong in all residential leasehold disputes. On average, we appear in over 100 First-tier Tribunal (Property Chamber) / Leasehold Valuation Tribunal cases a year, and regularly take those cases into the higher courts.
Examples of recent cases include:
- Sheffield CC v Oliver [2017] EWCA Civ 225; [2017] HLR 23 – the words “costs … incurred” in the service charge provisions in a right to buy lease are to be given a natural and not a special meaning
- Assethold Ltd v 110 Boulevard RTM Co Ltd [2017] UKUT 316 (LC) – validity of service of RTM notices by email
- Jetha v Basildon Court Residents Company Ltd [2017] UKUT 58 (LC)
- JLK Ltd v Ezekwe [2017] UKUT 277 (LC) – whether bedsits occupied by students were “dwellings” for the purposes of service charge provisions in LTA 1985
- Octagon Overseas Ltd and others v Alan Coates [2017] UKUT 190 (LC) – power of s24 LTA 1987 manager to place insurance on a mixed tenure development
- Octagon Overseas Ltd (2) Canary Riverside Estate Management Ltd v Alan Coates [2017] EWHC 87 (Ch) – enforcement of FTT decisions; injunctions in support of s.24 LTA 1987 management orders
- Elim Court RTM Co Ltd v Avon Freeholds Ltd [2017] EWCA Civ 89 – consequences of non-compliance with the provisions of CLRA 2002 for RTM claims
- East Tower Apartments Ltd v No 1 West India Quay (Residential) Ltd [2016] UKUT 553 (LC) – meaning of “consumed” in context of dispute about utility costs; OFGEM guidance
- Avon Freeholds Ltd v Garnier [2016] UKUT 477 (LC); [2017] L&TR 2 – administration charges, jurisdiction of the FTT
- Octagon Overseas Ltd v Various Leaseholders [2016] UKUT 470 (LC) – management order, application for a stay
- Re Brunswick Centre [2016] UKUT 366 (LC); [2017] L&TR 7 – consultation procedure under ss.20, 20ZA LTA 1985 and intermediate landlords
- Sinclair Gardens Ltd v Avon Estates Ltd [2016] UKUT 317 (LC) – legal costs under a lease
- Sidewalk Properties Ltd v Twin [2015] UKUT 0122 (LC); [2016] 2 Costs L.R. 253 – recovery of in-house costs in enfranchisement cases
- Triplerose Ltd v Mill House RTM Co Ltd [2016] UKUT 80 (LC); [2016] L&TR 23 – challenge to validity of Notice Inviting Participation; correct approach to errors of form by FTT
- Re Triplerose Ltd [2016] UKUT 77 (LC) – costs in RTM claims and the indemnity principle
- Avon Ground Rents Ltd v 51 Earls Court Square RTM Co Ltd [2016] UKUT 22 (LC) – importance of the Articles of Association of RTM companies
- Sussex Mobile Homes Ltd v Grant [2015] UKUT 686 (LC) – recovery of costs in mobile homes litigation
- Queensbridge Investments Ltd v Lodge [2015] UKUT 635 (LC); [2016] L&TR 19 – proper approach to appeals against exercise of discretion; scope of management orders under s.24, LTA 1987
- Cowling v Worcester Community Housing Ltd [2015] UKUT 496 (LC); [2016] L&TR 2 – effect of county court judgment on jurisdiction of FTT in service charge dispute
- Gateway (Leeds) Management Ltd v Naghash [2015] UKUT 333 (LC); [2015] L&TR 36 – fixed/variable service charges, adequacy of reasons
- Triplerose Ltd v 90 Broomfield Rd RTM Co Ltd [2015] EWCA Civ 282; [2016] 1 WLR 275; [2015] HLR 29 (whether an RTM company manage can more than one premises)
- Columbia House Properties (No.3) Ltd v Imperial Hall Freehold Ltd [2015] UKUT 45 (LC) (recovery of managing agents fees in a collective enfranchisement claim)
- Elysian Fields Management Company Ltd v Nixon [2015] UKUT 427 (LC); [2016] L& TR 4 – service charges – construction of lease
- Burr v OM Property Management Ltd [2013] EWCA Civ 479; [2013] 1 WLR 3071′ [2013] HLR 29 (leading case on s.20B, Landlord and Tenant Act 1985 and the time limits for recovering service charges)
