News and Articles

A tenant of mixed business and residential premises failed to show that he benefited from statutory rights as a residential tenant to resist eviction.

Tenants who no longer occupy or require let premises cannot force their landlords to take them back before the end of their leases.

Professional advisers need to be pro-active in taking steps to avoid wholly disproportionate costs being incurred in relation to minor disputes between neighbours.

A Council document was held not to be a certificate of lawful use and, therefore, could not be used to resist a planning enforcement notice.

Parties to property disputes need to be sure as to the merits of their expert and his/her evidence before they commence costly proceedings.


A tenant’s notice exercising an option to buy the freehold was held to be valid and the landlord as a result had to sell his freehold interest.

Even if a tree is protected by a preservation order, it can be lopped or felled if necessary to prevent a nuisance.

Unless commercial landlords and their agents deal with the recovery of service charges with proper scrupulousness, tenants may refuse to enter Leases which provide for full recovery of service charges or may require these charges to be regulated by statute.

The Courts are sometimes prepared to grant immediate injunctions requiring tenants to perform their obligations to their landlords.

An enforcement notice served by a local authority in respect of a breach of planning was held to be invalid as it was served out of time.