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February 6, 2025 0Comments

Injunction without notice: Ensure it is right in your situation

The High Court dismissed an application for an injunction without notice to prohibit any sale, transfer or disposal of two properties due to the lack of any basis for a legal challenge against the

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January 30, 2025 0Comments

Beneficial interest, trust arrangements and mortgage possession proceedings 

The High Court was faced with complex mortgage possession proceedings.

Background:

Together Commercial Finance Limited (TCFL), a mortgagee, sought a possession order against the tenant, Fay of

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January 23, 2025 0Comments

Too much earth against the side of a wall can amount to a nuisance

The High Court was asked whether a mandatory injunction requiring the hotel to permanently reduce the height of the earth on its side of the wall was justified, or whether damages would be more

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January 16, 2025 0Comments

The right to buy can be satisfied even by the limited occupation of the property

The Court of Appeal (CoA) gave clarity on what constitutes ‘tenant condition’ in the right to buy (RTB).

Background:

On 4 November 2002, the Council granted Rabbi Weintraub and his late wife a

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January 9, 2025 0Comments

Returning a deposit – ensure that the contractual terms are on your side

The High Court was asked to address a complex property contract dispute including the return of a deposit in a property development agreement (PDA).

Background:

On the 21st of June 2022, Weston

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January 2, 2025 0Comments

Who is deemed a ‘landlord’ under the right to manage provisions?

The Court of Appeal (CoA) heard a case regarding the right to manage, as defined in the Commonhold and Leasehold Reform Act (CLRA) 2002.

Background:

The appellant, 159-167 Prince of Wales Right to

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December 26, 2024 0Comments

Quantifying damages for trespass

The High Court had to assess whether a tenant was entitled to damages for trespass and quantify them.

Background:

Restaurant EC3 Ltd. was the commercial tenant of the premises pursuant to a lease

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December 19, 2024 0Comments

How are historical tenancy fees affected under the Tenant Fees Act 2019?

The Court of Appeal (CoA) heard this case following a leapfrog procedure, as it raised a point of general principle in the development of the substantive law and the operation of the Tenant Fees Act

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December 12, 2024 0Comments

Land boundaries: Don’t be over-reliant on the registered title plan

The Court of Appeal (CoA) had to assess the limit of Section 75 of the Land Registration Act (LRA) 1925 and general boundaries rules in adverse possession.

Background:

The case concerned boundary

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December 5, 2024 0Comments

Lex situs still applies, so properties in England cannot form part of a foreign bankrupt’s estate

The Supreme Court was faced with a very peculiar case in which one of the parties tried to enforce a foreign judgement on a property situated in the UK. The question was, therefore, whether the lex

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