Publications: Recent Property Cases

 

Webb Resolution Limited v E.Surv Limited

The High Court has dealt with a test case re valuers’ liability for residential mortgage valuations prepared in good market conditions In 2006/7, GMAC was the largest centralised mortgage lender in the UK and E.Surv was, and is, the largest residential surveyor. GMAC claim that E.Surv negligently and in breach of contract overvalued many properties […]

20th Dec 2012 Recent Property Cases Read more

Paddy Arnold v Rodney Britton & Ors

The Message Parties cannot expect the Court to release them from bad bargains. The Case The High Court has held that a landlord can recover a fixed service charge well above its actual expenditure on services. Mr Arnold is the landlord of the Oxwich Leisure Park in Swansea. There are 91 chalets constructed on the […]

3rd Dec 2012 Recent Property Cases Read more

Campbell v Daejan Properties Limited

The Message The Court cannot re-write badly drafted Leases. The Case The Court of Appeal has considered how obvious an error has to be in a lease for the courts to be able to correct it by construing the Lease in a different way. Mrs Campbell is the tenant under a long lease of a […]

20th Nov 2012 Recent Property Cases Read more

Yeates v Line & Field

The Message Property compromise agreements may be oral even though they have a disposing effect provided they do not have a disposing purpose. The Case Yeates v Line and Field [12 November 2012] considered the important issue of whether an agreement to compromise a dispute over ownership of certain land had to be in writing. […]

12th Nov 2012 Recent Property Cases Read more

Ayannuga v Swindells

The Message Landlords will be fined if information is not given to tenants for residential deposits. The Case Ayannuga v Swindells [6 November 2012] concerned the important issue of a landlord’s statutory obligations to provide certain information to tenants under an assured shorthold tenancy in relation to deposits provided by the tenant. Landlords must take […]

6th Nov 2012 Recent Property Cases Read more

Barkas v North Yorkshire County Council

The Message Local authority statutorily provided recreation grounds are unlikely to be town or village greens. The Case Barkas v North Yorkshire County Council [23 October 2012] concerned the significant issue of whether local residents were able to register a recreation ground as a town or village green (“TVG”), on the basis they had used […]

23rd Oct 2012 Recent Property Cases Read more

Baroque Investments Limited v Joint Liquidators of Teathers Limited

The Message Care is required to preserve dilapidations rights on a lease surrender. The Case Baroque Investments Limited v Joint Liquidators of Teathers Limited [22 October 2012] considered the impact of release provisions in a surrender document on a landlord’s claims against a tenant for dilapidations and breach of a reinstatement obligation. The decision is […]

22nd Oct 2012 Recent Property Cases Read more

ParkingEye Limited v Somerfield Stores Limited

The Message It can pay to overstay your welcome. The Case The Court of Appeal has made clear the law as to whether a contract will be automatically unenforceable due to illegality In 2005, Somerfield entered into a contact with ParkingEye for the provision of an automated monitoring and control system for some of their […]

17th Oct 2012 Recent Property Cases Read more

Stannard v Gore



The Message An owner is unlikely to be liable for accidental fire damage to adjoining property. 

The Case Stannard v Gore [4 October 2012] considered the issue of whether a landowner could be held responsible for fire damage to adjoining property where the fire originated on his land, but where he was not negligent. This […]

4th Oct 2012 Recent Property Cases Read more

Moore v Secretary of State for Communities & Local Government

The Message Planning permission for dwellings may not include holiday lettings. The Case Moore v Secretary of State for Communities and Local Government [18 September 2012] concerned whether the use of a dwellinghouse for commercial letting as holiday accommodation, constituted a material change of use in planning terms. Section 55 of the Town and Country […]

18th Sep 2012 Recent Property Cases Read more