header-logo header-logo

An estoppel case review

02 February 2018 / Brooke Lyne
Issue: 7779 / Categories: Features , Property
printer mail-detail

Brooke Lyne provides a master class in recent case law on estoppel by convention in residential service charge disputes

  • Landlords need evidence of communications that ‘cross the line’ rather than relying on the mere failure to object to a course of dealing.
  • The effect of binding successors in title will be a matter that requires proper argument & consideration in future cases.

There have been a number of decisions in the Upper Tribunal (Lands Chamber) in the last couple of years where the doctrine of estoppel by convention has been raised in the context of residential service charge disputes. In these cases, landlords have sought to raise estoppel by convention to avoid the strict terms of a lease. Readers will know that even minor failures to comply with the requirements of a lease can have disastrous consequences for a landlord; including rendering service charges irrecoverable altogether. Usually the variation of the terms of a lease will only be effective if done by deed, but estoppel by convention is an equitable remedy that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll