Roger Hardwick

I am a solicitor specialising in residential leasehold property including lease extensions, collective enfranchisement, RTM and anything in the FTT or UT

[Housing Case Law Bot @housing_law_bot]

Lehner v Lant Street Management Company Ltd (BUILDING SAFETY - LEASEHOLDER PROTECTION - qualifying lease - contribution condition) [2024] UKUT 135 (LC) (17 May 2024) https://t.co/lAI793tS2T

[Roger Hardwick @RogerHardwick]

Leasehold and Freehold Reform Bill - a lot to unpick here, but from what I can tell (at a cursory glance), re: price / premium - MV to be abolished, assumption when valuing term that GR capped at 0.1% of pty value and cap rates to be prescribed by Regs https://t.co/Tj3UAShopu

[Roger Hardwick @RogerHardwick]

Well, I wasn’t expecting that! Congratulations to everyone in our Prop Man, Prop Lit and Resi Leasehold teams. A real team effort.

[Roger Hardwick @RogerHardwick]

… also a new form of landlord certificate; amendments to Regs 3-5 of The Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 (including right for landlord to apply for 30 day extension); and RTM Co’s & RMCs can apply for RCOs. (2 of 2)

[Roger Hardwick @RogerHardwick]

The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023 are now in force. Copies of landlord certs & leaseholder deeds of cert must be given to RTM Co’s, RMCs & other landlords within one week or very serious consequences follow! … (1 of 2)

[Roger Hardwick @RogerHardwick]

Delighted to be involved in my first case in the Supreme Court with Emma Bush, @justinbates28 and Harley Ronan. Is Elim Court correctly decided and what approach should be taken to defects in statutory notices?

[Landmark Chambers @Landmark_LC]

Supreme Court grants permission for “leapfrog” appeal from Upper Tribunal (Lands Chamber)

@justinbates28 and Harley Ronan act for the Appellant, instructed by Roger Hardwick and Emma Bush of @brethertonsllp.

For more information, please visit: https://t.co/uEyIuecZ4n

[Roger Hardwick @RogerHardwick]

Avon v Canary Gateway - Court of Appeal affirms Upper Tribunal decision and earlier case law - shared ownership leaseholders who have not staircased to 100% are qualifying tenants (unless excluded) if the lease has a term exceeding 21 years. No link yet!

[Roger Hardwick @RogerHardwick]

Assethold v Eveline Road RTM Co - where premises capable of being divided into smaller sets of premises, lessees not obliged to set up multiple RTM Cos & issue multiple claims in respect of each smallest set of premises (Craftrule applied) https://t.co/EptwzJj0vT

[Roger Hardwick @RogerHardwick]

Baron Estate Management v Wick Hall RTM Co - no new law, but a useful reminder that failing to serve a notice of invitation to participate on every person who is not or has not agreed to become a member of RTM Co is fatal to claim https://t.co/EelwYeaCAw

[Roger Hardwick @RogerHardwick]

Avon Ground Rents v Ward - Para.5A and s20C orders awarded (preventing L from recovering costs under 69 Marina clause or as a service charge) despite L succeeding in its s.168 app, because right of forfeit had been waived https://t.co/qC52AmvzVz

[Roger Hardwick @RogerHardwick]

Aneesh v Hinchlifee - collective enfranchisement - L not entitled to compensation for diminution in value of pty owned by another company associated with L - DNH v Tower Hamlets (where piercing corporate veil was allowed) distinguished https://t.co/FVDDbSBjpL

[Roger Hardwick @RogerHardwick]

@nearlylegal I’m not sure whether this would work (it is a bit of a long shot) but one option might be to propose converting the statutory limitations in Schedule 8 of the BSA 2022 into contractual limitations that are written into the lease, relying on s.57(6) of the 1993 Act if L refuses

[Roger Hardwick @RogerHardwick]

Charles Hunt (Holdings) Ltd v 77-82 Bridle Close Freehold Ltd - collective enfranchisement - no value in prospect of deeds of variation to permit subletting and minimal roof development value https://t.co/e43WIUYSOL

[Roger Hardwick @RogerHardwick]

Reekie v Oakwood Court RA - Man Co not obliged to exercise discretionary power to apportion service charges amongst leaseholders who “have the use of” certain services https://t.co/3go9C597mo

[Roger Hardwick @RogerHardwick]

Another day, another article about leasehold reform in the national press. The Law Commission made a number of detailed proposals in their papers on enfranchisement, the right to manage and commonhold, which the government have yet to formerly respond to https://t.co/SXSk1sQbCo

[Roger Hardwick @RogerHardwick]

@nearlylegal Compulsory commonhold for all new flats and houses in managed estates is achievable, but how would one go about “abolishing” every existing LH pty? In addition to the issue of compensation, compulsorily converting every LH pty to CH would involve a monumental amount of work.

[Roger Hardwick @RogerHardwick]

And after all the excitement of Fearn v Tate, we have another blockbuster SC decision - Williams v Aviva - Windermere, Gater & Oliver all overturned - “fair and reasonable” service charges and contractual powers to vary service charge proportions are valid https://t.co/IB4zV035F5

[Roger Hardwick @RogerHardwick]

Well, that was a rather important decision … Fearn v Tate - Supreme Court holds (3-2) that visual intrusion into flats by Tate viewing platform constitutes a nuisance, overturning first instance decision and Court of Appeal https://t.co/Ag6lsO6LVm