Publications: February 2013

 

Recent Property Cases – Jan & Feb 2013

Sadd v Brown (05/01/13) Where a Lease provided for the landlord to insure the building but omitted any express obligation on the tenant to contribute to the cost, a term would not be implied to make the tenant liable to contribute and, in the absence of any sweeping up provision, none of the service charge […]

28th Feb 2013 Recent Property Cases Read more

89 Holland Park (Management) Limited v Sophie Hicks

This is an interesting case relating to a covenant over adjoining land entered into on a sale of the adjoining land. The covenant required the adjoining owner (i.e. the purchaser) to obtain the consent of the vendor or any assigns for any development on the adjoining land and for any application for permission to develop […]

27th Feb 2013 Recent Property Cases Read more

Zennstrom v Moseley & Wilks

The Message Residential property owners owe limited duties to purchasers. The Case The High Court has considered whether owners who rebuild houses they live in are liable to purchasers under the Defective Premises Act 1972 In November 2009, Mr and Mrs Zennstrom agreed to buy a property overlooking the marina in Hamble, Southampton for £1.1 […]

21st Feb 2013 Recent Property Cases Read more

Freetown v Assethold

Service by post re-visited: Freetwon V Assethold Several property statutes contain a provision enabling a notice (or some other document) to be served by being “sent by post” (without prescribing any particular method of posting): see section 176(2) and (3) of the Housing Act 1985; section 54(2) of the Landlord and Tenant Act 1987; section […]

5th Feb 2013 Speakers Corner Read more

Hooper v Oates

The Message Damages for breach of a property sale contract may take account of post breach events. The Case Hooper v Oates [20 February 2013] considered the significant issue of whether a damages claim for breach of contract to buy property was to be measured by reference to the property’s value at the date of […]

2nd Feb 2013 Recent Property Cases Read more