News and Articles

1. The definition of “house” in s.2(1) of the Leasehold Reform Act 1967 has given rise to considerable difficulties in the 45 years since it was enacted. This year, there have been two further appellate decisions on the definition – Hosebay v Day [2012] 1 WLR 2884 in the Supreme Court (where Lord Carnwath gave the only judgment) and Magnohard Ltd v Cadogan [2012] L. & T.R. 32 in the Court of Appeal (where both Lewison LJ and Lord Neuberger gave judgments). Where do those decisions leave the law?

A lawful user of an easement cannot be punished for other users’ unlawful use.

Legal principles can take precedence over fairness.

Agreements to purchase land must be in writing.

Failure to make timely payment of a deposit normally allows the seller to end the contract.

Tenant Break Clauses continue not to run smoothly.

Oral contracts in relation to land are not worth the paper they are written on!

Free advice can prove very costly.

The Court will adopt a sensible approach to awarding damages.

Response On Behalf of the Property Litigation Association To DEFRA’s Consultation Document “Consultation on the registration of new town or village greens” – Consultation End Date 17th October 2011.