Cutting Walls Without Landlord’s Consent

23rd February case – Raja v Aviram [2016] UKUT 102 (LC) – this case concerned a covenant against cutting a wall without landlord’s consent. However, holes were cut by a contractor to enable a new boiler to be installed. The Tribunal looked at the relevance of the tenant’s knowledge and the relevance of the landlord’s failure to provide a contact address and section 168(4), Commonhold and Leasehold Reform Act 2002.

The Indemnity Principle

11 February 2016 – Triplerose Ltd Re Forth Banks Tower [2016] UKUT 77 (LC) – very interesting appeal case about the application of the principle of law known as the indemnity principle to the entitlement of a landlord to be paid costs incurred in consequence of a claim to exercise the right to manage under Part 2 of the Commonhold and Leasehold Reform Act 2002.

The Gulf Between Landlord and Tenant

The Gulf Agencies Ltd v Ahmed [2016] EWCA Civ 44 (03 February 2016) – this case related to the Landlord and Tenant Act 1954 – the tenant brought proceedings for the grant of a new tenancy. The landlord resisted the application on the ground set out in section 30(1)(g), that he intended to occupy the premises for the purposes of a business to be carried on by him at the premises and whether the landlord had established his entitlement to rely on section 30(1)(g).

Privilege and Prejudice

Suh & Anor v Mace (UK) Ltd [2016] EWCA Civ 4 (15 January 2016) – fascinating case where questions concerning the applicability of the “without prejudice” privilege to certain discussions that took place between one of two claimant tenants and the landlord’s solicitor.

5 Star Properties

Fivestar Properties Ltd, Re (08 October 2015) – A dissolved company was restored to the register to enable the freehold of a property owned by the company to be sold for the benefit of a bank which held a legal charge over the property. The Crown’s disclaimer of its interest in the property under the Insolvency Act 1986 Sch.B1 para.84(1), following the vesting of the property in the Crown as bona vacantia, was not a disposition. The effect of restoration was that the freehold was retrospectively recreated and revested in the company.

Closing Time

Preedy v Dunne (02 October 2015 – A beneficiary’s defence of proprietary estoppel to a claim for an order for possession of a pub failed. The trustees of a will had neither promised that loans that the beneficiary had made to the pub business would be repaid from the sale of the pub nor that he could stay in the pub for as long as he wished.

The Reasonableness of Service Charges

Cain v Islington LBC – 25 September 2015 – Where a tenant challenged the reasonableness of service charges paid during the previous 12 years, the tribunal considered the meaning and effect of the Landlord and Tenant Act 1985 s.27A(5). The provision did not prevent a tribunal from inferring from a series of payments made without protest that the tenant had agreed that the amount claimed was the amount properly payable; the provision only precluded the tribunal from inferring agreement from a single payment.

Pulling Your Weight Around the House

Cohabitant had 25% beneficial interest in solely owned property where financial contribution insignificant (Court of Appeal). In Graham-York v York and others [2015] EWCA Civ 72, the Court of Appeal upheld a finding that a cohabitant had a 25% beneficial interest in a property solely owned by her partner, where her financial contribution was insignificant, but she had made domestic contributions.