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Section 234 of the Insolvency Act cannot be used to evict trespassers

Section 234 of the Insolvency Act cannot be used to evict trespassers

by Efosa Obaseki | Dec 16, 2025 | Property Law

The High Court, in an insolvency case, was asked whether the administrators had an immediate and unencumbered right to possession of the properties.Facts:The administrators of Pocket Renting Ltd. (the company), which owns a portfolio of sixty-five residential...
The high legal bar for stopping a receiver’s sale of property

The high legal bar for stopping a receiver’s sale of property

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...
Locking your neighbour out doesn’t preclude a right of way from being created

Locking your neighbour out doesn’t preclude a right of way from being created

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...
Providers of social housing are unaccountable over service charges

Providers of social housing are unaccountable over service charges

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...
Upgrading a property without permission can be a breach of covenant

Upgrading a property without permission can be a breach of covenant

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...
When “minor works” become a flagrant breach

When “minor works” become a flagrant breach

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...
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Recent Posts

  • If a breach of your lease was long ignored, can it suddenly be enforced?
  • The landlord database is coming: what you’ll need to register, and when
  • A tenant cannot recover its subsidiary’s losses after a disaster
  • Longstanding boundary features must remain for surveying
  • Technical errors don’t always impede a managerial takeover

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