James Sandham

Benton and Others v Paes and Others, Central London County Court, 17 July 2023, Recorder Green.  Reported in The Times, The Telegraph, US Times, and various others.

Williams & Anor v Aviva Investors Ground Rent GP Ltd & Anor [2023] UKSC 6; [2023] 2 W.L.R. 484  | [2023] 2 All E.R. 797 | [2023] 2 WLUK 95 | [2023] H.L.R. 20  | [2023] L. & T.R. 13 | [2023] 2 P. & C.R. DG9 (The Supreme Court discussed the effect of the Landlord and Tenant Act 1985 s.27A(6) on a contractual provision in a residential lease which allowed a landlord to change a tenant’s share of service charge costs.)

Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor [2021] EWCA Civ 27 | [2021] 1 W.L.R. 2061  | [2021] 1 WLUK 127 | [2022] H.L.R. 2  | [2021] L. & T.R. 22  | [2021] 1 P. & C.R. DG23 (A clause in a residential lease purporting to provide for a determination of apportionment of service charges by the landlord was void, pursuant to the Landlord and Tenant Act 1985 s.27A(6). Under s.27A(1), the task of making that determination transferred from the landlord to the First-tier Tribunal, meaning that it was open to the landlord or the tenant to refer the question of a different percentage to the FTT.)

Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (An application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a successful rule 13 costs application by the tenant.)

London Borough of Hackney & Anor v Powlesland & Ors [2020] EWHC 2102 (Ch) | [2020] 6 WLUK 504 (Protestors who had occupied highway land to prevent the felling of a tree. Interim injunctive relief was granted against persons unknown to prevent them from hindering the removal of the tree as there was a strong possibility that they would attempt to prevent the contractors from felling the tree and were likely to carry out unlawful acts in the process.)

Opara v Olasemo [2020] UKUT 96 (LC) | [2020] 3 WLUK 439 | [2020] L.L.R. 527 | [2020] 2 P. & C.R. DG13 (When considering a tenant’s application for a rent repayment order under the Housing and Planning Act 2016 s.40, the First-tier Tribunal had erred in failing to find that the landlord had committed the offences of unlawful eviction or of managing a house in multiple occupation without a licence. Both offences had been proved to the criminal standard of proof and the condition precedent for making such an order had therefore been satisfied.)

Stemp v 6 Ladbroke Gardens Management Ltd [2018] UKUT 375 (LC) | [2018] 10 WLUK 602 | [2019] H.L.R. 18  | [2019] L. & T.R. 10  | [2019] 1 P. & C.R. DG19 (It was possible for a landlord, during the period in which he was prevented from exercising his right of re-entry by the Housing Act 1996 s.81, to waive the right to forfeit a lease for non-payment of service charges.)

Images (Gants Hill) Management Co Ltd v Rynew Property Management Ltd, Queen’s Bench Division [2018] 6 WLUK 375, 20 Jun 2018 (A High Court claim for delivery up of documents pertaining to a property management agreement was struck out where the claimant had counterclaimed for essentially the same remedy in respect of the same dispute in ongoing county court proceedings brought by the defendant, in which discovery was imminent. The costs of the instant claim were out of all proportion to what it sought to achieve.)

Corvan (Properties) Ltd v Abdel-Mahmoud [2018] EWCA Civ 1102 | [2018] 5 WLUK 254 | [2018] H.L.R. 36  | [2019] 1 P. & C.R. 3  | [2018] L. & T.R. 25 (A management agreement, which had a contract period of one year which would continue thereafter until terminated, was an agreement for a term of more than 12 months and therefore a qualifying long-term agreement under the Landlord and Tenant Act 1985 s.20ZA.)

Malik (Deceased) v Shiekh [2018] EWHC 973 (Ch); [2018] 4 W.L.R. 86 (A transaction was proved to have been tainted by undue influence and was set aside. A presumption of undue influence was not confined to cases where trust and confidence was reposed, either financially or generally, but extended to cases where there was evidence of dependence or vulnerability)

Armstrong v Ashfield DC [2018] EWCA Civ 873 | [2018] 4 WLUK 426 | [2018] H.L.R. 29  | [2018] 2 P. & C.R. DG12. (A provision in a suspended possession order, providing for the order’s automatic discharge after one year, was predicated on the tenant complying with the conditions of suspension and the absence of any action by the landlord in that time. Since the landlord had asserted a breach of the order’s conditions and applied for a warrant of possession before the discharge date, the order was not discharged on that date, and the trial judge had been entitled to order the warrant for possession despite the trial occurring after that date.)

London Borough of Islington v Dyer [2017] EWCA Civ 150; [2017] P.T.S.R. 731; [2017] H.L.R. 20; [2017] 2 P. & C.R. DG6; Times, May 3, 2017 (A notice served by a landlord on a tenant for the purposes of the Housing Act 1996 s.128 could be comprised in more than one document. There was no reason why an accompanying information leaflet should not be treated as part of the notice if the reasonable recipient would have understood that the documents were intended to be read together.)

Primeview Developments Limited v (1) Mr R Ahmed and Dr M H Javaid (2) Mrs Jumbo (3) Mr Frade (4) Mrs Kelly [2017] UKUT 0057 (LC), [2017] 3 WLUK 164 (Administration charges – costs orders under rule 13, Property Chamber Rules 2013 and s.20C, Landlord and Tenant Act 1985, whether appellant unreasonable to refuse mediation)

Firstport Property Services Limited v Ahmet [2017] UKUT 0036 (LC) (Lessee’s obligation to pay proportion of estate costs by reference to formula – whether lessee’s proportion should be calculated by reference to 13 dwellings built on land sold to another developer as well as the 218 dwellings built on the retained land, both sites together constituting a single residential estate – whether the estate costs payable by the lessee should include the costs associated solely with the land sold as well as the retained land)

R (on the application of Pearce and ors) v Purbeck District Council and ors [2017] Court of Appeal, C1/2016/4022. Planning appeal (permission); development of an AONB, whether the question of “need” correctly assessed by the Committee (on appeal, Court of Appeal).

Rapose v Viridian HA Limited [2017], TCC, Jan 5, 2017 (Party Walls, validity of the third surveyor’s award) (on appeal, Court of Appeal).

Corvan v Mahmoud [2017] UKUT 228 (LC) (definition of a Qulifying Long Term Agreement for the purposes of s.20ZA. Currently on appeal to the Court of Appeal).

Norwich CC v Redford [2015] UKUT 30 (LC) (Apportionment; Flats; Lighting; Local authorities’ powers and duties; Rateable value; Service charges)

Begum v Birmingham CC [2015] EWCA Civ 386; [2015] CP Rep 32; [2015] 3 Costs LO 387; [2015] HLR 33 (Amendments; Breach of statutory duty; Costs; Defects; Local authorities’ liabilities; Local authority housing; Sale of property; Statements of case)

Queensbridge Investments Limited v Leaseholders of Flat 2 and 3, 135 Ladbroke Grove, London, W11 1PN Upper Tribunal, (permission) LRX/70/2015 and LRX/156/2016 (s.168 of the Commonhold and Leasehold Reform Act 2002; waiver of covenant prohibiting sub-letting; ostensible authority of managing agents)

R (on the application of Bishops Stortford Civic Federation) v (1) East Hertfordshire District Council (2) Anley Trustees Limited and Maison Anley Property Nominee Limited [2014] EWHC 348 (Admin); [2014] PTSR 1035; [2014] BLGR 161; [2014] JPL 852; [2014] ACD 104 (Judicial review; £105m redevelopment; whether the decision was impugned by irrelevant and prejudicial remarks made by a member of the Executive)

Ergun v Smith and Anor [2014] EWHC 4919 (Fresh evidence in the form of the correct lease was admitted in proceedings where applications for permission to appeal an order relating to a property had already been refused. Although the correct document could have been obtained and produced earlier, it would have an important influence on the outcome of the case and the overriding objective was properly satisfied.)

Eaglesham Properties Limited v Leaseholders of Flats 2, 3, 6, 7, 8 and 12 Drysdale Dwellings LRX/19/2014 (Appointment of a manager, jurisdiction to determine the proper construction of orders, entitlement to recover monies equivalent to service charges from the freehold owner of flats not let on long leases)

London Borough of Brent v Cheryl Tudor [2013] EWCA Civ.157; [2013] HLR 20; [2013] 1 P & CR DG23 (Possession; under occupying; ground 16; whether reasonably required to accommodate the successor secure tenant and her family

Begum v Birmingham CC [2013], TCC, Dec 18, 2013 (Sale of land; duty to disclose structural defects known to the freeholder at the time of sale; liability, damages and rescission arising out of misrepresentation and a breach of the statutory)

Aaron Burchell v Raj Properties Ltd [2013] UKUT 443 (LC); [2014] L & TR 3; [2013] 3 EGLR 62; [2013] 43 EG 127 (CS) (leasehold enfranchisement; “terms of acquisition”: s.48(1), Leasehold Reform, Housing and Urban Development Act 1993; restrictions on dispositions; meaning of “change”:  s.57(6)(b))

Anas v Arora [2012] EWCA Civ 102 and [2012] EWHC 1488 (QB) (possession; refusal of a stay of execution; academic appeals; civil restraint orders)

Brasilian Point Ltd v In Shops Ltd and another [2012] All ER 17 (forfeiture; commercial lease; terms of relief;  arrears uncertain; unjust enrichment).

Rossman v The Crown Estate Commissioners LON/00BK/LVL/2011/0013 (Lease variations; satisfactory provision; computation; equitable forbearance; estoppel)

Kingsmere RTM Company Ltd v Anstone Properties Ltd CHI/00ML/LRM/2011/0017 (RTM; multiple blocks; ultra vires; articles of   association)

Vernon v Spoudeas and Rosenthal [2010] EWCA Civ 666 (A judge’s decision not to grant a party relief from his non-compliance with an unless order, and to strike out his claim, was vitiated by his failure to give a reasoned judgment.)