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21 February 2014 / James Driscoll
Issue: 7595 / Categories: Features , Property
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New lease of life

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James Driscoll summarises the key developments in the law relating to residential long leases in the past year

For the two million or so households who own leasehold flats, disputes over service charges and other criticisms of the general quality of management of a block of flats are all too common. These days, almost all such disputes are resolved in what is commonly known as the leasehold valuation tribunal. A key development this year was the merger of the Leasehold Valuation Tribunal (LVT), the rent assessment committee, the residential property tribunal, the Adjudicator for the Land Registry and the Agricultural Tribunal into a new First-tier Tribunal (Property Chamber) with new procedural rules, the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (with appeals to the Upper Tribunal (Lands Chamber)).

 

Service charges

As always, there have been several decisions of the courts and the tribunal to consider. The most significant decision this year was that of the Supreme Court in Daejan Investments v Benson [2013] UKSC 14, [2013] 2 All ER 375. In

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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