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Beware of disrespecting improvement notices and mitigating factors

by bawilliams | Sep 26, 2024 | Property Law

The Court of Appeal (CoA) ruled that the Upper Tribunal (UT) had erred in fettering the discretion afforded by Private Sector Housing Enforcement Policy.  Background: Mr. Kazi owned a portfolio of residential properties, including 2 Laisteridge Lane. This is a...

Even if you have no legal right to occupy a property, you still have the right to be forced to leave in accordance with the law

by bawilliams | Sep 19, 2024 | Property Law

The Court of Appeal (CoA) heard a dispute over possession of a property owned by a company which was under administration despite the property being mortgaged.  Background: The appellant and his family occupy a property known as Furzefield. The freehold title to...

Injunctions can be used to restrain property sales

by bawilliams | Sep 12, 2024 | Property Law

The High Court was faced with a question regarding a potential injunction to restrain sale based on an oral option to purchase.  Background: Mr. Roger Matthews is a second cousin of Mr. Frank Matthews and has had a longstanding relationship in connection with...

Mortgage accounts cannot always be remedied in court

by bawilliams | Sep 5, 2024 | Property Law

The High Court dismissed a claim for a mortgage account as there was no genuine dispute underlying the request.  Background: Mr. Coutts-Lovie was granted a mortgage in September 2006 for £640,000 for a term of eight years on an interest-only basis and...

Ambiguous signs can result in a right of way being created

by bawilliams | Aug 29, 2024 | Property Law

The issue in this appeal is whether the owner of a house on a private road has acquired a right of way on foot over part of the road belonging to one of his neighbours.   Background: Barratt Homes completed a new housing development adjoining Victoria Park in...

Paddocks are not part of the grounds of the dwelling

by bawilliams | Aug 22, 2024 | Property Law

The Upper Tribunal (UT) confirmed that a paddock acquired as part of the purchase of a dwelling did not constitute part of the grounds of the dwelling for the purposes of Section 116(1) (b) of the Financial Act 2003. Background: Mr. and Mrs. Suterwalla purchased a...
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Recent Posts

  • Unless a monetary value is agreed, services cannot be deemed as rent
  • Can a WhatsApp message transfer a property interest?
  • An office is not always exempt from the rubric of residential law
  • The primacy of possession over paper in property demarcations.
  • When helping your father isn’t a claim to unregistered land

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