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Roger Hardwick @RogerHardwick

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

Joined February 2012
  • Tweets 1,159
  • Following 591
  • Followers 1,196
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Roger Hardwick retweeted
Housing Case Law Bot@housing_law_bot
21 May 2024
Lehner v Lant Street Management Company Ltd (BUILDING SAFETY - LEASEHOLDER PROTECTION - qualifying lease - contribution condition) [2024] UKUT 135 (LC) (17 May 2024) dlvr.it/T7CBXC
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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 publications.parliament.uk/p…
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Well, I wasn’t expecting that! Congratulations to everyone in our Prop Man, Prop Lit and Resi Leasehold teams. A real team effort.
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… 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)
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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)
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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
8 Aug 2023
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: bit.ly/43Y3ffu
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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!
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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) landschamber.decisions.tribu…

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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 landschamber.decisions.tribu…
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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 landschamber.decisions.tribu…
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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 landschamber.decisions.tribu…
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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 landschamber.decisions.tribu…
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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 landschamber.decisions.tribu…
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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 bbc.co.uk/news/uk-politics-6…

'Massive toll' of living in a leasehold property

Government reforms to "fundamentally unfair" system can't come soon enough for these home owners.

bbc.co.uk
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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 supremecourt.uk/cases/docs/u…
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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 supremecourt.uk/cases/docs/u…
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Roger Hardwick retweeted
@suejbright@suejbright
19 Jan 2023
remediation contribution order FTT decision. This might be the first one. Short 🧵1/5https://assets.publishing.service.gov.uk/media/63c57179e90e074ef04efe0a/20230113_Decision___Order_Combined.pdf
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Lambeth v Kelly - despite wholesale failure to comply with s.20 consultation requirements unconditional dispensation granted due to insufficient evidence of relevant prejudice landschamber.decisions.tribu…
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