Category Archives: Leasehold Opinion

Leasehold Opinion

From what is a house to what is a flat?

Last year was the year of the house after the decisions in Day v Hosebay Limited / Howard de Walden v Lexgorge Limited and the early signs are that this could be the year of the flat after a decision … Continue reading

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OM Property Management Ltd v Burr: Liability has to crystallise before it becomes a cost

Regular readers of my blog will recall that I wrote an article last year on the Upper Tribunal case of OM Property Management Ltd v Burr which gave guidance upon what is known as the 18 month service charge rule … Continue reading

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Are advance payments of rent caught by the Tenancy Deposit Scheme rules?

The short answer is in most cases probably not and I was a little surprised to find that this had been argued all the way to the Court of Appeal in Johnson and others v Old. The claim arose after … Continue reading

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Daejan Investments Ltd v Benson : The last word on dispensation

The recent Supreme Court judgment in the case of Daejan Investments Ltd v Benson has been extensively reported in the last month. Some say it is a welcome breath of common sense but others believe that the Supreme Court has … Continue reading

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Swindells v Ayannuga: Is substantial compliance with the tenancy deposit requirements enough?

When the Localism Act 2011 brought in changes to the tenancy deposit framework many people thought that may be the end of the TDS litigation that had been coming before the courts for the last few years since they were … Continue reading

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Section 20: Project by Project or Year by Year?

While most of us were preparing for Christmas dinner, the Chancellor of the High Court was handing down judgment in the case of Phillips and Goddard v Francis and Francis, a decision that has caused quite a stir in the … Continue reading

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2012 – What did we learn?

It’s that time of the year when we all like to look back over the last twelve months and reflect. In the shifting sands of the legal world 2012 has provided some interesting residential leasehold property cases, some of which … Continue reading

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