Upper Tribunal: Lands Chamber judgments, 2021

An order authorising an appointed manager to demand an additional service charge is a variation of the management order under section 24(9) of the Landlord and…

Rateable value must be assessed by applying the statutory assumptions at the relevant valuation dates. Where the property is actually let, its rent is the…

Where a protected-site agreement requires an occupier to pay for electricity but does not fix the price or method of calculation, the agreement contains an…

An agreement is a qualifying long-term agreement only where it must continue beyond one year, so that termination before the year has elapsed would be a breach…

A compensation claim following compulsory acquisition is brought within the limitation period when it is referred to the Upper Tribunal under Land Compensation…

For major works, the consultation requirements under Landlord and Tenant Act 1985 apply to a set of works. A change of contractor, an increased cost, or work…

Under section 168(4) of the Commonhold and Leasehold Reform Act 2002, the First-tier Tribunal's function is confined to deciding whether a breach of lease…

An application to determine a breach of covenant is not ordinarily an abuse of process merely because the landlord may have waived the right to forfeit. The…

For rating purposes, whether a building is ready for beneficial occupation depends on its intended purpose. A data hall designed to be actively managed…

An appeal by way of rehearing from a regulatory licensing decision does not place an evidential burden on the licensing authority to prove afresh the facts…

A deferment rate established in a guidance case should ordinarily be followed in enfranchisement valuations. It may be displaced by evidence relating to the…

Interim electronic communications rights may be imposed by the Tribunal without the voluntary consent of the site provider. A freeholder whose interest is…

For the purposes of the blight-notice regime, the occupation and ownership conditions for being an owner-occupier must be satisfied by the same person or…

Compensation for compulsorily acquired land must reflect an open-market sale on the statutory assumptions and disregard value effects attributable to the…

For inheritance-tax purposes, market value is assessed by reference to the price reasonably obtainable in the real open market at the valuation date. The…

An operator seeking to replace an expired pre-Code agreement need not plead a site-specific need for a new agreement. The general business and technical…

A tribunal-appointed manager is an official of the appointing tribunal and must perform the duties imposed by the appointment. Service charge payments made to…

Under Part 2 of the Housing and Planning Act 2016, rent paid after a landlord has ceased committing a continuing housing offence cannot be recovered by a rent…

An interim agreement under the Electronic Communications Code may confer access rights for a site survey where the operator has a plausible evidential basis…

Costs following determination of a standalone preliminary issue should be decided without awaiting the final compensation outcome. A party may be successful…

For a trade-related property let at a market rent, the rent fully reflects the trading potential available under the lease. A premium paid for a fully equipped…

For an objection to a blight notice under section 151(4)(b) of the Town and Country Planning Act 1990, the appropriate authority must establish, at the date of…

A statutory limitation period for referring disputed compulsory-purchase compensation claims cannot be extended or shortened by procedural rules unless…

In collective enfranchisement, development hope value for the premises being acquired is ordinarily assessed as part of the value of the freeholder’s interest…

Liability for a rent repayment order is not confined to the immediate landlord. A person may be liable where they are a landlord of the property and have…

Under Part 1 of the Land Compensation Act 1973, depreciation is assessed by reference to the market value of the claimant’s interest, not the claimant’s…

For the statutory valuation of a house under section 9(1A)(d) of the Leasehold Reform Act 1967, the tribunal must compare the value of the property as it…

In a compulsory-purchase compensation reference, the usual position that costs are not awarded under the written representations procedure yields to the…

A second rating proposal is invalid where it concerns the same hereditament, ground and event as an earlier proposal, even if the form uses different wording.…

Under Housing and Planning Act 2016, a rent repayment order may concern more than one relevant housing offence, but the statutory cap is determined by the rent…

Where a landlord has been convicted of a relevant housing offence, a rent repayment order in favour of a local housing authority must ordinarily require…

An appeal from a First-tier Tribunal costs decision may proceed under the appropriate statutory route even though an earlier procedural decision has been set…

An application under section 39 of the Agricultural Holdings Act 1986 is not invalid merely because it initially names the wrong landlord. The statute requires…

An issue estoppel arises only where the prior determination was necessary to the earlier decision and was made in litigation between the relevant parties. A…