Case Law and Tribunals

Our comprehensive hub for navigating the legal landscape of property disputes and regulations. In this section, we delve into precedent-setting cases, legal interpretations, and tribunal decisions that shape property law and governance.

Trecarrell House Ltd v Rouncefield [2020]

Failure to provide a gas safety certificate prior to occupation does not prevent a landlord serving a s.21 notice as long as the relevant certificate has been given before service of the notice.

18 June 2020
No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2020]

In this case, the Court of Appeal considered whether consent was unreasonably withheld where two of the grounds for refusal were reasonable, but a third had been held not to be. Click 'open' .

2 June 2020
Does defective cladding render a flat “unsuitable for use as a dwelling” for SDLT purposes?

The First-Tier Tribunal has recently grappled with the question as to whether defective cladding on a block of flats renders a flat “unsuitable for use as a dwelling” for SDLT purposes.

1 June 2020
Duval v 11-13 Randolph Crescent [2020]

A landlord is not entitled to grant a licence for alterations for works which would otherwise breach an absolute covenant where there is a mutual enforceability covenant.

6 May 2020
Pease v Carter [2020]

The reasonable recipient test set down in Mannai Investment Co Limited v Eagle Star Assurance Co Limited [1997] AC 747 applies to notices served under section 8 of the Housing Act 1988.

1 May 2020
The City of Westminster v Kothari [2019]

The subletting of a flat via Airbnb and Booking.com constituted a twofold breach of covenant

30 April 2020
Bevan House Management v Denis Ludwig Becker [2020]

A leaseholder was found to have breached a covenant relating to use of a flat as a private residence where his tenant had marketed the flat on Airbnb.

30 April 2020
Eldersan Ltd v Covic [2020] UKUT 3 (LC)

The Upper Tribunal reversed an FTT decision that there had been a breach of covenant under s. 168(4) of the Commonhold and Leasehold Reform Act 2002.

30 April 2020
LM Homes Ltd v Queen Court Freehold Co Ltd [2020]

A collective enfranchisement case that turned on the right of leaseholders to acquire the airspace, basement and subsoil of the building, although the freeholder had granted development leases.

21 April 2020
Cookson v Assethold Ltd [2020]

This case turned on the application of the “18-month rule” under s.20B of the 1985 Landlord & Tenant Act

20 April 2020

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