Trawl: Property Law UK Update Info for Newsletter Editors
| Trawl date | 05 May 2023 |
| Article deadline | 22 May 2023 |
Contents – topic areas
- RESIDENTIAL LEASE MANAGEMENT
- RESIDENTIAL LEASEHOLD MANAGEMENT
- LANDLORD AND TENANT
- TRANSACTIONAL ISSUES
- TRANSACTIONAL ISSUES – RESTRICTIVE COVENANTS
- TRANSACTIONAL ISSUES – CONTRACT INTERPRETATION
- TRANSACTIONAL ISSUES – CONTRACTUAL LIABILITY
- PLANNING
- LEASEHOLD – ENFRANCHISEMENT
- LEASEHOLD -PARK HOMES
- RESTRICTIVE COVENANTS
- TAX
- TAX – SDLT
1. RESIDENTIAL LEASE MANAGEMENT
Brunswick Mansions Management Company Ltd v Triplerose Ltd
LANDLORD AND TENANT – SERVICE CHARGES – orders under section 20c of the Landlord and Tenant Act 1985 and under paragraph 5A of Schedule 11 to the Common and Leasehold Reform Act 2002 [2023] UKUT 31 (LC) (01 February 2023).
A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd
LANDLORD AND TENANT – RIGHT TO MANAGE – requirement to serve claim notice on all landlords or all or part of the building – effect of failure to serve – intermediate landlord with no management responsibilities [2023] UKUT 27 (LC) (31 January 2023)
Anchor Hanover Group v Cox
LANDLORD AND TENANT – SERVICE CHARGES – assured tenancy) [2023] UKUT 14 (LC) (17 January 2023)
Smith v Waterloo Warehouse RTM Co Ltd
LANDLORD AND TENANT – SERVICE CHARGES – decision by the FTT about contested facts without a hearing [2023] UKUT 8 (LC) (05 January 2023).
2. RESIDENTIAL LEASEHOLD MANAGEMENT
English Rose Estates Ltd v Menon & Ors.
LANDLORD AND TENANT – SERVICE CHARGES [2022] UKUT 347 (LC) (19 December 2022)
Wu v Chelmsford City Council [2023] EWCA Crim 338 (30 March 2023).
With the leave of the single judge, the appellant appeals against her conviction on two counts of unlawful eviction contrary to s.1(2) of the Protection from Eviction Act 1977 (the 1977 Act) and two counts of unlawful harassment contrary to s.1(3A) of that Act. Those convictions were on 23 May 2022 in the Crown Court at Chelmsford following a trial. On 14 July 2022, the appellant was sentenced on each Count to a 12-month community order and ordered to pay prosecution costs of £14,000 and £1000 compensation.
Assethold Ltd v The Lessees Of Flats 1-14 Corben Mews [2023] UKUT 71 (LC) (21 March 2023)
SERVICE CHARGES – estimated service charges – insurance valuation costs – fire safety works. This is an appeal by Assethold Limited, the freeholder of Corben Mews, against a decision of the First-tier Tribunal (“the FTT”) about the reasonableness and payability of service charges, and a cross-appeal by the lessees of Flats 1 to 14. Because the parties are respondents to each other’s application, and because the lessees were the applicants in the FTT, I refer to the parties as “Assethold” and “the Lessees” throughout.
Reekie v Oakwood Court Residents Association Ltd [2023] UKUT 45 (LC) (16 February 2023)
Landlord given discretion to apportion charges amongst leaseholders who “have the use of” certain services – whether leaseholder liable to contribute to cost of replacing a lift which he did not use – appeal dismissed
A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2023] UKUT 27 (LC) (31 January 2023)
requirement to serve claim notice on all landlords or all or part of the building – effect of failure to serve – intermediate landlord with no management responsibilities.
3. LANDLORD AND TENANT
AHGR Lyd v Kane-Laverack & Anor [2023] EWCA Civ 428 (21 April 2023)
Residential Landlord and Tenant breach of covenant, live/work units. This appeal raises the issue of the proper construction of the phrase “live/work” in a clause in a 999 year lease dated 20 August 2002 of a leasehold flat of Unit 8, Bickels Yard, 151-153 Bermondsey Street, London SE1 3HA (“the premises”).
Orchard & Anor v Mooney & Anor [2023] UKUT 89 (LC)
LANDLORD AND TENANT – APPOINTMENT OF MANAGER – COSTS – application to discharge manager on grounds of partiality – whether appellants acted unreasonably in bringing the application or applying for disclosure – rule 13(1)(b), Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 – appeal allowed
Avon Grounds Rents Ltd v Ward [2023] UKUT 88 (LC)
LANDLORD AND TENANT – BREACH OF COVENANT – orders under section 20C of the Landlord and Tenant Act 1985 and under paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002
Baron Estate Management Ltd v Wick Hall (Hove) RTM Company Ltd
LANDLORD AND TENANT – RIGHT TO MANAGE – RTM company failing to give notice of invitation to participate to qualifying tenants – claim notice failing to include names of every person who was both a qualifying tenant and a member of the RTM company – whether right to manage acquired – ss. 78 and 80, Commonhold and Leasehold Reform Act 2002 – appeal allowed
4. TRANSACTIONAL ISSUES
Housing Solutions v Smith
RESTRICTIVE COVENANT – modification – covenants restricting use of site to parking of cars – houses built in breach of covenant – whether covenants secure practical benefits of substantial value or advantage – s.84(1)(aa) and (c), Law of Property Act 1925 – discretion of Tribunal [2023] UKUT 25 (LC) (27 January 2023).
5. TRANSACTIONAL ISSUES – RESTRICTIVE COVENANTS
Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor [2023] UKSC 6 (08/02/23)
Supreme Court in Aviva v Williams [2023] UKSC 6, in what is a significant decision for residential L&T practitioners
6. TRANSACTIONAL ISSUES – CONTRACT INTERPRETATION
Malik v Hussain [2023] EWCA Civ 2
Dispute Resolution Analysis: This case concerned a dispute about the interpretation of a provision in a court-ordered sale mechanism for the assets of a dissolved partnership.
7. TRANSACTIONAL ISSUES – CONTRACTUAL LIABILITY
Yee Shi Yin & Ors v. 174 Law Solicitors Limited [2023] EWCA Civ 13
Investors from Hong Kong challenged the interpretation of the sale agreements and the finding of estoppel by convention by His Honour Judge Hodge KC in a High Court judgment last year. The case concerned a development of 366 residential units in Pall Mall, Liverpool. The developer’s solicitors, Birkenhead firm 174 Law Solicitors Ltd, held the buyers’ deposits; the appellants Yee & others claimed that 174 had released the deposits when it should not have done.
Barton and others v Morris and another in place of Gwyn Jones Deceased [2023] UKSC3
Payment not addressed in contractual terms and unjust enrichment
8. PLANNING
Friends of the West Oxfordshire Cotswolds, R (On the Application Of) v West Oxfordshire District Council [2023] EWHC 901 (Admin) (20 April 2023)
By a decision dated 20 January 2020, the defendant as local planning authority (the authority) granted planning permission for residential development of 25 dwellings comprising self/custom build, market housing and affordable housing (use class C3) and a 12 bed supported living (sui generis) facility with associated access, parking and landscaping in respect of land south of Forest Road, Charlbury, Oxfordshire on an application made by the interested party (the developer). To the west of that land is an ancient woodland known as Rushy Bank. With the application was submitted ecological assessments and biodiversity management plans showing a proposed 5 meter buffer zone between the proposed development and the ancient woodland to protect it and the wildlife habitats, including those of endangered species, particularly those contained in the understorey. The permission was subject to a number of conditions including those requiring the approval of plans and schemes to protect these habitats and the trees and understorey.
Secretary Of State For Transport v Bleep UK Plc & Ors
COMPENSATION – PLANNING PERMISSION – certificate of appropriate alternative development [2022] UKUT 331 (LC) (16 December 2022)
Tallington Lakes Ltd v South Kesteven District Council
PARK HOMES – PROCEDURE – correct holder of a licence for a relevant protected site [2022] UKUT 334 (LC) (16 December 2022)
DB Symmetry Ltd & Anor v Swindon Borough Council
The principal issues on this appeal are whether it is lawful for a planning authority in granting planning permission for a development to impose a planning condition that the developer will dedicate land within the development site to be a public highway, and whether the planning condition in issue is properly construed as having that effect. [2022] UKSC 33 (14 December 2022)
9. LEASEHOLD – ENFRANCHISEMENT
Aneesh Ltd v Hinchliffe & Ors [2023] UKUT 82 (LC)
LEASEHOLD ENFRANCHISEMENT – DEVELOPMENT POTENTIAL – whether the landlord has “any interest in other property paragraph 5 of Schedule 3 to the Leasehold Reform, Housing and Urban Development Act 1993 – other property owned by a company in the same ownership – piercing the corporate veil.
10. LEASEHOLD – PARK HOMES
Tingdene Marinas Ltd v Jaffe
PARK HOMES – SITE LICENSING – meaning of “caravan” – land covered by water – houseboat – whether a site is a protected site [2023] UKUT 16 (LC) (20 January 2023)
11. RESTRICTIVE COVENANTS
CAMMIADE, Re: 1 Acacia Grove [2023] UKUT 96 (LC)
RESTRICTIVE COVENANT – JURISDICTION – whether a covenant prohibiting registration of a transfer without the consent of the covenantee is a “restriction … as to the user” of land – whether Upper Tribunal having jurisdiction to discharge such a restriction – s.84(1), Law of Property Act 1925 – application dismissed
Hodgson & Anor v Cook & Ors [2023] UKUT 41 (LC) (08 February 2023)
Covenant prohibiting use of property for business purposes – planning permission for beauty salon in garden – whether covenants secure practical benefits of substantial value or advantage – s.84(1)(aa), (b) and (c), Law of Property Act 1925 – application dismissed
12. TAX
The How Development 1 Ltd v Revenue and Customs [2023] UKUT 84 (TCC) (30 March 2023)
Stamp Duty Land Tax – whether woodland area was part of “the grounds” of a property and therefore “residential property” – whether necessary for land to be accessible from dwelling to be grounds – section 116(1)(b) Finance Act 2003 – failure to discuss oral evidence in delayed decision – whether to remit or re-make decision
Olufote v Revenue & Customs [2023] UKFTT 130 (TC) (14 February 2023)
STAMP DUTY LAND TAX – avoidance scheme – sub-sale contract to a trust – second sub-sale contract to a company – the first sub-sale contract has a 124-year longstop completion date – sub-sale relief under s45 FA 2003? – no on a purposive construction of the law applied to the facts viewed realistically – St Matthews, Fanning, Hurstwood Properties and DV3 considered – application of s75A FA 2003 to the scheme- Project Blue considered – s 75A clearly applies – does the second sub-sale contract need to be completed before there is an effective date of the notional transaction under s75A(6)? – no – gap of 8 years between opening the enquiry and closure notice – abuse of process? – no – appeal dismissed
DUNNE v Revenue & Customs
VAT – DIY Builders Scheme – whether planning permission for a dwelling – no – appeal dismissed [2023] UKFTT 88 (TC) (26 January 2023).
13: TAX – SDLT
SEXTON & Anor v Revenue & Customs.
Stamp duty land tax – acquisition of a flat with the benefit of a right to use a communal garden [2023] UKFTT 73 (TC) (19 January 2023)
English 