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21 February 2014 / James Driscoll
Issue: 7595 / Categories: Features , Property
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New lease of life

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James Driscoll summarises the key developments in the law relating to residential long leases in the past year

For the two million or so households who own leasehold flats, disputes over service charges and other criticisms of the general quality of management of a block of flats are all too common. These days, almost all such disputes are resolved in what is commonly known as the leasehold valuation tribunal. A key development this year was the merger of the Leasehold Valuation Tribunal (LVT), the rent assessment committee, the residential property tribunal, the Adjudicator for the Land Registry and the Agricultural Tribunal into a new First-tier Tribunal (Property Chamber) with new procedural rules, the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (with appeals to the Upper Tribunal (Lands Chamber)).

 

Service charges

As always, there have been several decisions of the courts and the tribunal to consider. The most significant decision this year was that of the Supreme Court in Daejan Investments v Benson [2013] UKSC 14, [2013] 2 All ER 375. In a controversial decision, a divided court decided that breach of

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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