by Efosa Obaseki | Dec 10, 2025 | Property Law
The Court of Appeal (CoA) clarified that a defaulting mortgagor cannot easily use Section 91 of the Law of Property Act (LPA) 1925 to wrest control of a property sale from court-appointed receivers, reinforcing that judicial intervention is warranted only in...
by Efosa Obaseki | Dec 3, 2025 | Property Law
The First-tier Tribunal (FTT) was asked whether an interference with a right of way, such as padlocked chains, breaks the continuous flow of the prescriptive period under the Prescription Act 1832.Facts:Mr. and Mrs. Irwin were joint registered proprietors of their...
by Efosa Obaseki | Nov 26, 2025 | Property Law
The Upper Tribunal (UT) addressed whether a tenant’s application challenging the reasonableness of a service charge could be heard by the First-tier Tribunal (FTT) when that charge was set as a fixed annual sum by the landlord.Facts:Mr. Barton is the tenant of a...
by Efosa Obaseki | Nov 19, 2025 | Property Law
The Upper Tribunal (UT) affirmed that a covenant prohibiting the removal of the landlord’s fixtures is not negated by the replacement of such fixtures.Facts:Mr. Maguire and Ms. Allen are the freeholders of 25 Ronald Park Avenue, a Victorian House that was converted...
by Efosa Obaseki | Nov 12, 2025 | Property Law
The High Court, analysing the cumulative works, came to the conclusion that they demonstrated a deliberate and flagrant breach of planning control in an environmentally sensitive area. Facts: The Local Planning Authority (LPA) of Wealden District Council (WDC) is...
by Efosa Obaseki | Nov 5, 2025 | Property Law
The Court of Appeal (CoA) reaffirms the broad landlord’s discretion to decide ‘reasonable’ service charges. Facts: Abacus Land 4 Ltd. is the landlord of Romney House, a building in Westminster containing one hundred and sixty-eight residential flats,...
