Publications: Recent Property Cases

 

Reichman & Dunn v Beveridge & Gauntlett



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

The Case In an important case for landlords, the Court of Appeal has rejected a claim by tenants that leases are no different to any other form of contract and […]

13th Dec 2006 Recent Property Cases Read more

Ali v Lane

The Message Professional advisers need to be pro-active in taking steps to avoid wholly disproportionate costs being incurred in relation to minor disputes between neighbours. The Case The Court of Appeal has clarified the law as to the extent of the evidence that can be relied upon to resolve boundary disputes and has also expressed […]

21st Nov 2006 Recent Property Cases Read more

James Hay Pension Trustees Ltd v First Secretary of State

The Message 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. The Case This case concerned an attempt by James Hay Pension Trustees Ltd (Hay) to rely on a document in order to establish it could lawfully use a […]

26th Oct 2006 Recent Property Cases Read more

Balmoral Group Limited v Borealis (UK) Limited

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

The Case A Claimant has not only lost a very substantial and costly case because its expert’s evidence was not accepted but has been ordered to pay additional costs to […]

17th Oct 2006 Recent Property Cases Read more

Taylor v Crotty


The Message 
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. The Case 
Taylor and another (the landlord) granted a tenancy agreement to Judith and Janine Crotty (the tenant) in 2001. The tenancy agreement contained an option […]

3rd Oct 2006 Recent Property Cases Read more

A Perrin & W Ramage v Northampton Borough Council & F & S Shephard

The Message Even if a tree is protected by a preservation order, it can be lopped or felled if necessary to prevent a nuisance. The Case Perrin and Ramage owned a house in Northamptonshire, which was damaged by the encroachment of roots from an oak tree in the garden of their neighbours, Mr and Mrs […]

26th Sep 2006 Recent Property Cases Read more

Princes House Limited & Princes House (Two) Limited v Distinctive Clubs Limited

The Message 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 Case Following the dismissal of a claim by a landlord for service […]

25th Sep 2006 Recent Property Cases Read more

Capita Trust Co (Channel Islands) Ltd v Chatham Maritime J3 Developments Ltd & Others

The Message The Courts are sometimes prepared to grant immediate injunctions requiring tenants to perform their obligations to their landlords. The Case In granting injunctive relief in favour of a freeholder against the tenant/developer of a Shopping Centre, the High Court has demonstrated how the Courts are prepared to assist in the pursuit of justice […]

25th Aug 2006 Recent Property Cases Read more

First Secretary of State v Arun District Council

The Message 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. The Case This case raises an important issue relating to the statutory time limit for enforcement by a local planning authority of a breach of planning […]

10th Aug 2006 Recent Property Cases Read more

R (on the application of Corporation of London) v Secretary of State for Environment, Food & Rural Affairs & Others

The Message The Secretary of State was entitled to consent to the sale of fish and meat at Covent Garden Market provided that did not constitute a fish and meat market. 

The Case This case concerned London’s three very ancient markets. The Corporation of London owns Smithfield Market (the meat market) and Billingsgate Market (the […]

21st Jun 2006 Recent Property Cases Read more