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‘Local connection’ needs to be in the ‘real sense’ when seeking council accommodation

by bawilliams | Feb 20, 2025 | Property Law

The Court of Appeal (CoA) has clarified the test for local connection to a local authority within the meaning of Section 199 of the Housing Act 1996.  Background: Mr. Hussaini is a refugee who applied for asylum in 2020. While living in a refugee camp in Greece,...

Forced disposal: Can you prove your allegations? 

by bawilliams | Feb 13, 2025 | Property Law

The High Court heard a case regarding whether a bank acted in bad faith by forcing a hotel group, it partly owns, to sell valuable premises at below market rate.  Background: Macdonald Hotels Ltd (MHL) sued Bank of Scotland PLC (BOS) for the alleged forced...

Injunction without notice: Ensure it is right in your situation

by bawilliams | Feb 6, 2025 | Property Law

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 writs.  Background: The claimant, the "Trustee of the House...

Beneficial interest, trust arrangements and mortgage possession proceedings 

by bawilliams | Jan 30, 2025 | Property Law

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 London Limited (FOL) in relation to Flat A, a premises leased to FOL, which...

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

by bawilliams | Jan 23, 2025 | Property Law

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 appropriate. Background: The appellants operate a hotel and the...

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

by bawilliams | Jan 16, 2025 | Property Law

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 secure tenancy of the property. After his wife died in June...
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Recent Posts

  • Leaseholders protected – the retrospective power of the Building Safety Act
  • Pay your council taxes or face repossession!
  • The enduring power of old restrictive covenants
  • The courts might not be able to intervene if your property reverts to the Crown
  • What if your dream home was acquired via someone else’s crime?

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