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Courts and Case Law

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Overview

The law about flats is extremely complex, frequently changing, and often litigious.  As a result, the court system and in particular the Leasehold Valuation Tribunal and Lands Tribunal play a crucial role in resolving disputes and clarifying the law (where possible!).  Some of the more complicated cases have even been decided by the Court of Appeal and House of Lords. 

In this section, you can learn about all the latest court decisions involving flats as well read expert commentary on some of the more contentious decisions.  If you have more questions, require further clarification, or want to suggest an article don’t forget to contact us, comment on an article or leave a comment in our forum.


The House of Lords has dealt another blow to owners of residential or mixed use buildings following its decision today in the case of Les Aggio and Others v Howard de Walden Estates Limited and 26 Cadogan Square Limited v The Earl of Cadogan and Cadogan Estates Limited.
Anna Favre of Pemberton Greenish recalls how one recent landmark case has outlined the prerequisites to something many already thought they knew – what constitutes a house?
Anyone acquiring the freehold to their house will need to think about two taxes in particular, stamp duty land tax (SDLT) and capital gains tax (CGT). Martin Codd of Dawsons LLP reports.
In the seventh series of plain-English legal articles, Yashmin Mistry, Solicitor in the Leasehold Enfranchisement Department of Brethertons LLP highlights an area of law of interest to leaseholders – Reserve Fund and Sinking Funds.
Mark Chick, partner at Bishop & Sewell LLP, takes a close look at February’s landmark ruling by the House of Lords, the first judgment to be made by them under the Leasehold Reform, Housing and Urban Development Act 1993.
Recruiting staff can be stressful with all the legislation. Most organisations involve specialists such as Claibon to assist. For anyone handling such matters there are several considerations, starting with the job advert.
On 21st April 2008, Leave to Appeal to the House of Lords was granted in the Earl of Cadogan v Sportelli case. Yashmin Mistry explains...
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    Editor's Choice:

Why flat owners should not forget their personal property..
James Hall at Lampier offers his company’s view on the policies you may need. 
John Byers looks at the sensitive topic of under-insurance.
Jonathan Walker, of Stride Ltd, assesses the impact of the credit crunch on the property insurance market.
You need specialist flat protection? Then you require a broker to guide you...

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