News and Articles

Obtaining a favourable outcome for a client involved in a property dispute very often depends upon the quality of the opinion evidence provided in support of their case. The most obvious instances are surveyors providing valuation evidence in the context of lease renewals and rent review arbitrations or surveying evidence in the context of dilapidation claims. More often than not, the outcome of the dispute turns upon how favourably the Judge or arbitrator views the evidence that each party provides. Consequently, it is essential to ensure that the expert evidence is of the best possible quality.

A tenant of premises that were originally used for mixed business and residential purposes failed in his claim for rights as a protected residential tenant.

Mistakes in documentation need to be avoided as they cannot easily be corrected once the deal is done.

The High Court has held that a sub-contractor can rely on its standard terms and conditions so as to substantially limit its liability for damages in relation to any defective work for which it is held responsible.

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.