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3 days ago 0Comments

Is a box sufficient to comply with the ‘occupation’ to avoid paying non-domestic rates on the empty property?

The High Court considered the application of anti-avoidance principles to established practices in non-domestic rating (NDR), specifically addressing the "box scheme" approach to vacant

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May 28, 2025 0Comments

A significant value gap may not be enough to establish negligence.

The Court of Appeal (CoA) confirmed that even a significant divergence in valuation does not automatically equate to a finding of negligence.

Background:

Mr. Bratt owned a site in Oxfordshire which

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May 20, 2025 0Comments

A paper-thin presence is no ground to defeat a repossession when “actual occupation” is on paper only

The High Court recently considered the nuanced requirements for establishing actual occupation as an overriding interest capable of taking priority over a mortgage.

Background:

Mrs. Hevedi has been

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May 12, 2025 0Comments

The devil is in the detail: Ensure that a private lane can be adopted as a public highway

The High Court has recently delivered a stark warning to property developers and landowners about the importance of clearly defined and achievable obligations when it comes to the adoption of estate

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May 7, 2025 0Comments

When regulatory breaches impact property ownership rights

The High Court looked at a case where an unauthorised person entered into a regulated sale and rent-back agreement (SARBA) and whether the successor in title was bound.

Background:

Mr. and Mrs.

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April 28, 2025 0Comments

Unjust enrichment claims and improvements to property within familial relationships

The High Court heard an appeal against a court order that dismissed a claim against the appellant’s mother and half-brother.

Background:

David Jones, the appellant, claimed that he was entitled to

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April 23, 2025 0Comments

Do oral boundary agreements bind successors in title?

The Court of Appeal (CoA) was faced with the question of whether a boundary agreement binds successors in title and, if so, only if they have knowledge of the agreement.

Background:

Mr. White and

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April 16, 2025 0Comments

Service charges are payable after they have been properly demanded

The Court of Appeal (CoA) clarified the jurisdiction of the First-tier Tribunal regarding service and administration charges under lease agreements.

Background:

The lease dated March 2006 was

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April 10, 2025 0Comments

Mobile homes can be subject to Council Band D Tax

The High Court heard an appeal challenging the council’s decision to place a mobile home in a D band based on reliance on comparable settlements due to the absence of direct sales evidence.

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March 31, 2025 0Comments

Clearly delineate your grounds for review under the Housing Act 1996

The Court of Appeal (CoA) heard a case in which the appellant requested a review of a decision which relieved the respondent’s duty under Section 189B of the Housing Act (HA) 1996 based on the

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