Publications: Recent Property Cases

 

Twinmar Holdings Limited v Klarius UK Limited & Anor

The Message The Court is now giving useful guidance to surveyors re Terminal Dilapidations Claims. The Case The Technology and Construction Court has now determined a further dilapidations claim arising out of expiry of a long lease (Twinmar is the owner of Unit C, Swallowdale Lane, Hemel Hempstead, Hertfordshire. The premises comprise a warehouse building […]

19th Apr 2013 Recent Property Cases Read more

Nelson’s Yard Management Company & Ors v Nicholas Eziefula

The Message Failure to respond or negotiate before proceedings can prove costly. The Case The Court of Appeal has considered whether a successful Defendant should be punished as to costs due to unreasonable behaviour on its part The Claimants in these proceedings are the owners or tenants of various premises in Nelson’s Yard in Camden, […]

21st Mar 2013 Recent Property Cases Read more

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

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

Ridgewood Properties Group v Valero Energy Limited

The Landlord and Tenant (Covenants) Act 1995 does not apply to options or conditional Agreements for Lease. The Message The Court will not readily imply terms into agreements. The Case The High Court has considered whether a Landlord who has entered into an agreement to grant a lease can lawfully sell the property and pass […]

30th Jan 2013 Recent Property Cases Read more

Fitzwilliam v Richall Holdings Services Limited

The Message Registered titles can be altered to restore title to the victims of fraudulent transfers. The Case Property fraud remains a significant problem in the United Kingdom. Fitzwilliam v Richall Holdings Services Limited [28 January 2013] highlights the approach of land registration legislation to fraudulent transactions. Mr Fitzwilliam had been the registered proprietor of […]

28th Jan 2013 Recent Property Cases Read more

End of Year Important Cases for Property Litigators

Eaton Mansions v Stinger Compania (27/11/2012) The Court dealt with the assessment of negotiating damages for unlawful installation of air-conditioning units on the roof of a block of flats. It awarded only £6,000 as use was temporary and dismissed claim for aggravated damages. Paddy Arnold v Britton (03/12/2012) Although the literal construction of leases of […]

31st Dec 2012 Recent Property Cases Read more