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Settling the law on right to manage claims for shared estates - FirstPort Property Services v Settlers Court RTM Company Ltd

2022 has started off with a hugely important decision and some much welcomed clarity from the Supreme Court on the issue of right to manage claims in the context of shared estates. The right to manage , introduced by the Commonhold and Leasehold Reform Act 2002 (“the Act”), was not intended to be…

Can payment of Service Charges be deemed an admission of the debt and the consequences of not doing things properly.

In this Legal Update we delve into the case of Gorrara and others v Kenilworth Court Block E RTM Co Ltd . Background This is a case that has rumbled on since 2019 through two appeals and no doubt has cost both sides considerable sums in costs. It highlights the need for those managing property to:-…

Offers to settle - to Part 36 offer or not Part 36 offer, that is the question

Here at KDL Law, we pride ourselves in trying to secure a positive outcome for our clients at the earliest stage possible, at the least cost and hidden time to you. In the majority of cases, that will be the outcome. But, in some cases, that does not prove possible, despite our best efforts. Whilst…

KDL Law trials online mediation during lockdown

Mediation has long been seen as an effective alternative dispute resolution (ADR) method for parties to litigation, to resolve their differences and reach settlement. As with Court and Tribunal hearings, face-to-face mediations have not been possible during the early days of lockdown, however…

Part 36 - the Sequel - Telefónica UK Ltd v Office of Communications

Those who are regular recipients of our Legal Updates will recall that the making of settlement offers, in particular Part 36 offers to settle, are often something that should be considered when conducting litigation on many sorts of disputes. A Part 36 offer is a tactical form of offer to settle…

Standard Disclosure in Litigation

When a dispute comes to a conclusion before the Court, the Judge will need to determine the case based upon the evidence presented by both parties. Although the Court may hear from witnesses, much of the evidence will be in the form of documents submitted prior to the hearing/trial through the…

KDL Law trials online mediation during lockdown

Warning - Email sign-off may amount to a binding agreement!

In the recent case of Neocleous v Rees [2019] EWHC 2462(Ch) an email with an automatically generated signature was considered sufficient to bind the parties to an agreement for the transfer of land in settlement of a right of way dispute. This case is of particular relevance in an increasingly…

KDL Law - one of the first to experience the 'new' possession process

Earlier this month KDL Law saw its first of the new ‘Review hearings’ introduced to the possession claims process following COVID-19 changes to CPR Practice Direction 55C ( see here ). Not less than two months after the Government lifted the stay on possession actions and a ‘re-activation notice’…

Where the service charge provisions don’t add up to 100% - What to do?

In this Legal Update, we look at an issue concerning the variation of residential long leases previously covered by my colleague here in 2018. More specifically, we will be discussing what options are available to a landlord, management company or leaseholder when faced with a situation whereby the…

Can an RTM Company pursue old service charge debts?

In this Legal Update, we look at an issue that is commonly faced by right to manage companies in circumstances where: The RTM Company has acquired the right to manage a building; Upon acquisition, the outgoing landlord/management company has handed over service charge funds in the form of “cash in…

Payment Plans - Are they a good way of recovering arrears?

A Landlord, Management Company (“RMC”) or RTM Company (“RTM) in the process of recovering arrears of service charge from a leaseholder may be asked by the defaulting leaseholder to enter into an agreement for settlement of the debt by way of a payment plan, i.e. payment of regular instalments…