News

This case involved the leaseholder, Mr Aviram, carrying out works to his flat, in particular replacing his boiler. The new boiler required a new vent and waste pipe to be installed. The lease prohibited works to the external walls without consent of the freeholder.

This case was considered by the Court of Appeal on 4 December 2015 and concerned a claim by the leaseholder for damages for disrepair when the leaseholder was not occupying the flat concerned for reasons unconnected to the disrepair.

This case was considered by the Upper Tribunal on 25 September 2015 and concerned Mr Cain’s challenge to reasonableness of service charges over the previous 12 years. This is an important case as it provides scope for limiting the leaseholders ability to challenge the reasonableness of the service charges where the leaseholder has repeatedly paid the service charges in the past. Therefore, landlords should be aware of this case, particularly with a view to limiting the scope of challenges to the service charges by their leaseholders.

The latest Legal 500 guide has been published and we are delighted to have been recognised again for our excellent work in a number of our core practice areas.

Any strong antisocial behaviour (“ASB”) case, whether the remedy sought be an Injunction or possession, rests on the presentation of detailed and compelling witness evidence at Court of both the incidents of ASB behaviour and the impact upon residents.

Following a tendering process, we are delighted to announce that we have been appointed to the CHIC Legal Panel.

Devonshires has acted for the National Housing Federation on the new Voluntary Right to Buy Proposal and the reclassification by the Office for National Statistics of housing associations as public bodies.

​If a leaseholder reports a repair, for example a problem with the roof, then the landlord will need to consider if it is responsible for the repair works to the building or internal repairs to the leaseholder’s property and how it will be paid for.

The High Court has taken the unusual step of interfering with Government policy in West Berkshire District Council and another v Department for Communities and Local Government.

In our last edition we set out some of the new rules which apply to the First Tier Property Tribunal (FTT), following its introduction in place of the LVT.

Where a leaseholder has breached the terms of their lease (other than non-payment of rent) the landlord can serve a notice under s.146 of the Landlord and Tenant Act 1925 giving a reasonable period of time for the leaseholder to respond regarding remedying the breach, if it is capable of being remedied.

Whether works or services provided by a landlord can be recharge to leaseholders is a matter of the construction of the lease.