Writing in NLJ this week, Fern Schofield and Gwyneth Everson of Falcon Chambers survey rulings ranging from right to manage claims to default interest.
An undivided car park defeated right to manage claims because statutory requirements concern actual physical divisions. Elsewhere, a managing agent’s employee could provide service charge estimates without holding a surveying qualification.
Temporary rehousing and storage costs during repairs were recoverable under the relevant leases. But a settlement requiring a future lease surrender was entirely void after failing statutory requirements.
Boundary disputes, access injunctions and late defences also feature, alongside a decision setting aside charging orders because the debtor’s father held the beneficial interest.
The authors close with a warning for borrowers: repayment offers were not ‘valid tenders’ and failed to stop default interest continuing at 4% monthly.
