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Articles by JB Leitch
EV Charging: A Positive Way Forward
The team at specialist property solicitors JB Leitch have followed the development of EV charging and the impacts for landlords and managing agents. The article below provides a recent summary of activity.
Rights to Manage & Service Charges: Whether leases could be varied to enable the RTM Company to recover costs of major works
JB Leitch’s Associate Director of Legal Katie Edwards, looks at a recent case Upper Tribunal case, which asked that where an RTM Company is obliged to undertake major works, could variations could be made to leases to allow the RTM Company to recover its expenditure. In Eastern Pyramid Group Corporation SA (1) and others v Spire House RTM Company Ltd [2025], the subject property comprises a residential block in a prime area in central London containing 23 units.
Renters’ Rights Act 2025: Ending the Long‑Standing AST Trap
Rob Denman, Head of JB Leitch Real Estate, looks at the impact implications of a key element of the recently introduced Renters’ Rights Act 2025: Among the wide‑ranging reforms introduced by the Renters’ Rights Act 2025, one of the most quietly transformative changes is the clarification around long residential leases and their status under the Housing Act 1988.
The Year Ahead in Building Safety
Further to our articles in recent editions providing updates on the building safety landscape both in terms of case law and regulation, in this final article for 2025, the team at JB Leitch take a look ahead to the key developments that will take place in 2026… The Building Safety Levy, introduced under the Building Safety Act 2022, will come into effect on the 1st October 2026 and applies to new residential developments in England.
Liverpool Law Firm JB Leitch to Open London Office
Specialist Liverpool property law firm JB Leitch set to open its first London office as a key part of its growth strategy. Liverpool law firm JB Leitch is recruiting for its first London office which is set to open at the beginning of December. JB Leitch, founded in Liverpool in 1997, is a specialist property law firm serving clients across England and Wales. Managing director Matt Jarvis called the move an “exciting and significant milestone” and “a major step forward in our growth journey”.
JB Leitch Case Successes Recognise Legal Leadership in Service Charge & Building Safety Matters
Author: the JB Leitch Technical & Complex Litigation team. For this edition focusing on service charge and major works, the legal team at specialist property solicitors JB Leitch provide an update on some recent and relevant case successes and their significance. In respect of the Upper Tribunal’s decision following the leaseholders’ appeal earlier in 2024, permission was granted for the landlord to appeal to the Court of Appeal.
A Building Safety Update
Written by Lauren Walker, Associate at JB Leitch. Recent months have provided perhaps one of the most eventful periods in recent memory for the property management industry. In this article, we look at some of the key developments around building safety and their implications. The 7th July saw the introduction of the Building Safety (Wales) Bill, a landmark step in delivering a safer built environment for residents across Wales.
Valuations in Leasehold Property Management and the Future under the Leasehold and Freehold Reform Act 2024
Leasehold ownership remains one of the most hotly debated issues in the property sector, with ongoing government reforms and intense media scrutiny keeping the issue firmly in the public eye. Concerns around fairness, transparency, and affordability—particularly in relation to lease extensions and freehold purchases—have driven widespread calls for reform. In response, the former Conservative government fast-tracked the Leasehold and Freehold Reform Act 2024 (“LAFRA”).
Service Charges: Recent Case Law
In this case review, the team at specialist property solicitors JB Leitch, look at a recent Upper Tribunal case which asked that in determining an application as to whether service charge amounts claimed were reasonable, whether the First-tier Tribunal gave sufficient information in its judgment such that service charges were payable. In The Garden Quarter (Caversfield) Management Company Ltd v Ortet [2025], the leaseholder held a 175-year lease of a flat, granted in 2012.
JB Leitch Welcomes New MD in Continuing Journey of Growth and Innovation
Prominent property law firm JB Leitch is excited to announce the appointment of Matt Jarvis as the new Managing Director, who joins this week. The appointment marks the next step in an exciting journey of growth and innovation for the Liverpool based company, with the appointment adding further senior and strategic expertise to the management team within the 150 strong legal practice.
Legal Update: Defective Works & Building Safety
The Building Safety team at specialist property solicitors JB Leitch look at a recent High Court case which addressed whether a developer’s defective works amounted to a building safety risk which constituted a ‘relevant liability’ for the purposes of the Building Safety Act 2022, such that the RTM company could successfully claim a building liability order.
Right to Manage: Whether Roof Voids Without Flooring Should Be Included in Internal Floor Area Calculations
With much of this edition looking at exterior spaces, JB Leitch look at recent case law to examine the issues surrounding internal space – specifically, where an RTM Company claims right to manage, should roof voids which have not had flooring laid comprise part of the internal floor area calculation of non-residential parts for the purposes of Schedule 6 of the Commonhold and Leasehold Reform Act 2002?
A “Valid” Point - Flat Living
The team at specialist property solicitors examine the question further drawing in a recent Supreme Court decision The Supreme Court case A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27 addresses a key issue of statutory interpretation in the context of procedural requirements under the Commonhold and Leasehold Reform Act 2002 (CLRA) (“the Act”) for Right to Manage (“RTM”) companies, specifically whether the failure to serve a claim notice to all landlords...
New Rankings Success Positions JB Leitch as “Real Specialists in Their Field”
This week the Legal 500 rankings for 2025 were released, which sees JB Leitch hold its high position in Tier 3 for property litigation, alongside some of the largest firms in the country. For over 30 years, The Legal 500 has been analysing the capabilities of law firms across the world, with a comprehensive research programme revised and updated every year to bring the most up-to-date vision of the global legal market.
Leaseholder Maintenance Contracts and Service Charges: Understanding the Implications for Landlords
The team at specialist property solicitors JB Leitch, provide a timely overview on the key elements property owners and managers should be mindful of… Landlords must navigate several legal and contractual complexities when managing service charges and entering into maintenance contracts, particularly when these contracts potentially qualify as “Qualifying Long-Term Agreements” (QLTAs).
Valuations - Flat Living
The Leasehold and Freehold Reform Act 2024 represents a significant shift in the landscape of property ownership in the United Kingdom, particularly in relation to leasehold properties. One of the most substantial areas of impact relates to the valuation of lease extensions for flats. The provisions of this Act are poised to reshape the way lease extensions are approached, both in terms of process and financial implications.
Section 20 & A Case in Point
As readers will no doubt be aware, the main legislation relating to major works is Section 20 of the Landlord and Tenant Act 1985. Section 20 provides that, in relation to any “qualifying works” (often referred to as major works) or “qualifying long term agreements”, the relevant service charge contributions of leaseholder tenants will be limited unless the consultation requirements have either been complied with or dispensed with by the First-tier Tribunal.
Lant V Lehner Case Review Implications
Recently the Upper Tribunal provided a notable decision relating to leaseholder protections in Schedule 8 of the Building Safety Act 2022 (BSA 2022) in Lant Street Management Company v Lehner, and notably suggests a sequence of questions which a decision maker should address when determining whether service charges are payable in respect of work to which the leaseholder protections may apply.
Of Historic Significance
Owners, landlords, or managing agents have a legal duty of care towards maintaining the property in a reasonable state of repair and ensuring the safety and well-being of occupants or tenants. Failure to fulfil this duty may result in liability for negligence or breach of statutory obligations. With regard to leasehold properties, the lease agreement typically imposes obligations on both the leaseholder and the landlord or management company.
JB Leitch Successfully Defends S.27A Application Made by Leaseholders Challenging Increased Insurance Premium
Specialist property solicitors JB Leitch has successfully defended an application made in the First-tier Tribunal by leaseholders for determination as to the reasonableness of service charges following an increase in the insurance premium implemented as a result of building safety issues at a different residential block on the same estate. JB Leitch defended this application on behalf of a management company client.
JB Leitch on Legal Updates
Specialist property solicitors JB Leitch has successfully defended an application made in the First-tier Tribunal by leaseholders for determination as to the reasonableness of service charges following an increase in the insurance premium implemented as a result of building safety issues at a different residential block on the same estate. JB Leitch defended this application on behalf of a management company client.
JB Leitch talk about EV Charging
In this article, Nia Blackwell, Associate Solicitor at JB Leitch Real Estate, provides an update on her previous article from late 2022 covering the subject of EV charging – and the practical implications for landlords and managing agents to consider.
Building Safety Update
In recent weeks, industry debate has perhaps understandably been dominated by the proposals contained within the Leasehold and Freehold Reform Bill and its implications for freeholders, leaseholders and managing agents. Alongside this, the new year has also brought notable updates in the realm of building safety. In this short article, the team at specialist JB Leitch solicitors highlight some of the most recent and significant updates.
A Virtual Necessity: 2024 Is a Year for Digital Development in Property Management - Flat Living
Author: Gareth Rowlands, IT Director. Given the considerable reforms and changes either recently introduced or pending amendment or assent, the role of technology in compliant and transparent property management has never been more apparent.
JB Leitch: The Annual Round Up
Few would argue that 2023 has been another significant year across the property management sector. From the introduction of secondary legislation and guidance in building safety, up to the introduction of the Leasehold and Freehold Reform Bill in recent weeks, the implications and impacts on Landlords and Managing Agents are far reaching. In this short article we provide a brief overview of the most notable events relating to building safety and signpost key updates to be aware of in 2024.
Not Quite an Open & Shut Matter
Determining responsibility for the maintenance and repairs of flat front doors in leasehold properties can often be a source of confusion and dispute, especially in the context of works required to ensure that the doors meet requisite fire safety standards. The starting point, is to consider the terms of the lease agreement and the extent of the leaseholder’s demise.
Further Recognition for “Innovative Experts” JB Leitch
The Chambers & Partners UK Guide for the year 2024, the most researched Guide to date, was launched last week and it has been confirmed that specialist property firm JB Leitch has been ranked for the first time. Chambers and Partners has been the leading source of independent legal market intelligence for over 30 years, providing a listing for the top ranked lawyers and law firms in the UK, built upon extensive analysis and research.
New Legal 500 Rankings: JB Leitch Hold a High Position for 2024
Acknowledged as the world’s largest independent legal referral guide, the rankings for 2024 are based on a broad series of criteria, including strong technical ability available for the most complex and innovative work, client recommendation and results. JB Leitch has retained Tier 3 ranking in the field of property litigation for the fourth consecutive year.
Disputes: Understanding the Structure & Scope of the Tribunal System
Readers will undoubtedly be aware that many leasehold property disputes are subject to review and determination under the jurisdiction of the Tribunal system. Legislation confers certain rights and obligations on landlords and tenants of flats and gives the Tribunal jurisdiction to hear applications for various matters such as the appointment of a manager, the variation of leases, the acquisition of the freehold or an extended lease and service charge disputes for example.
Major Works & The Impact of the New Building Safety Regime
As readers will no doubt be aware, the main legislation relating to building major works is Section 20 of the Landlord and Tenant Act 1985. Section 20 provides that, in relation to any “qualifying works” (often referred to as major works) or “qualifying long term agreement”, the relevant service charge contributions of leaseholder tenants will be limited unless the consultation requirements have either been complied with or dispensed with by the First-tier Tribunal.
JB Leitch Successful in Notable Early Case Concerning the Retrospective Effect of the Building Safety Act 2022
Earlier this month, specialist property solicitors JB Leitch were successful in a notable preliminary decision concerning a single specific question which arises following the coming into force of various new provisions in the Building Safety Act 2022 (“the Act”).
Intelligent Connections: New technology and the question of "artificial" versus "authentic" client service
It’s been hard to ignore the recent furore surrounding the advent of AI in tools such as Chat GPT and the multitude of practical applications that have been identified to make our lives easier. With fears that the latest technology will replace human counterparts in the workplace, Gareth Rowlands, IT Director at JB Leitch, asks whether artificial intelligence will be truly intuitive enough to provide emotional intelligence in the way we interact with colleagues, clients and each other.
Resident Led Organisations: Rights, Roles & Responsibilities
Author: Katie Orr, Trainee Solicitor As readers will no doubt be aware, there has been considerable focus in recent months on the rights, responsibilities and liabilities for landlords, managing agents and leaseholders under then new building safety regime. But what are the implications for resident led organisations?
Lease Extension with JB Leitch
Author: Andrew Krochmal, Trainee Solicitor, JB Leitch Real Estate ChatGPT is being discussed everywhere. Could ChatGPT give good advice on lease extensions, and could it even go so far as to make lease extensions interesting!? A week ago a Trainee Solicitor received an email from an Associate Director at JB Leitch Real Estate, asking them to write an article about Lease Extensions in England and Wales.
Building Safety Act 2022
As readers are no doubt aware, we have recently seen the first Tribunal decisions being made under the Building Safety Act, with notable decisions relating to s.123 and s.124 – Remediation Orders & Remediation Contribution Orders. Katie Orr of JB Leitch’s Building Safety team summarises the first decision, including the key elements and implications of the new legislation.
Access to Neighbouring Land
Associate Jen Hollyoak of specialist property solicitors JB Leitch, comments on a recent High Court matter which provides guidance as to the Courts’ approach to determination of the application and how ‘residential land’ should be defined. This is the first decision of its kind to set down the approach Courts will take to determination of an access order application.
Security of tenure in business tenancies: Whether commercial leases were within security of tenure provisions
Although warning notices and statutory declarations had been completed in each case, the tenant in this matter applied for an order that their retail premises were protected by the security of tenure provisions under the Landlord and Tenant Act 1954. The background In TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd and other companies [2021], the tenant company occupied premises in centres nationwide for the retail of fragrances.
Service Charge: Assessing judgment and costs where a defendant’s defence and counterclaim are struck out
Where a tenant defendant’s defence and counterclaim are struck out, and where the question of reasonableness of service charge is removed from consideration, the Court of Appeal assesses the appropriate judgment and course of action to take in respect of costs.
A matter to watch..
Phil Parkinson and Katie Edwards, building safety experts at specialist property solicitors JB Leitch, provide insight and comment on the ongoing drive to remediate unsafe cladding and the implications surrounding government support and industry measures on waking watches. It has been nearly four years since the tragedy at Grenfell Tower, and despite the disruption of Covid-19 over the last year, the focus on resolving the cladding crisis has maintained momentum.
Breach of Covenant: Evidence required to demonstrate a breach of covenant in forfeiture proceedings
Marchitelli V 15 Westgate Terrace Ltd - 2020 Where a landlord wishes to forfeit a lease on grounds of breach of covenant, what evidence is sufficient in order to determine the nature and extent of the breach? The Background In Marchitelli v 15 Westgate Terrace Ltd [2020], a long lease was held by the appellant tenant of a flat in London.
Forfeiture: Was it sufficient for a tenant's application for relief from forfeiture to be made within the 6 month time limit
Keshwala and another V Bhalsod and another (2020) Where a tenant applied for relief from forfeiture, was it sufficient for the application to have been made within the 6-month time limit or should it have made the application sooner? The background In Keshwala and another v Bhalsod and another [2020], the tenants occupied property comprising a ground floor retail shop with a residential flat above under a 20-year lease, of which the defendants were landlord. ...
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