Property Litigation News

When does "or" not mean "or"?

A landlord’s notice was ruled not to have been validly served despite the lease apparently giving the landlord two alternative addresses for service. The case of Grimes v The Trustees of the Essex Farmers & Union Hunt is a case that has driven...

International Perspective: Brooklyn wins fight to preserve mural

A huge mural of The Notorious B.I.G on the side of a house in Brooklyn was set to be destroyed due to the owner’s plans to renovate the building. The owner, Samuel Berkowitz, had originally demanded $1,250 a month to keep the mural in place but...

Restrictive covenants: the Lands Tribunal or the Court?

The Lands Tribunal has the power under Section 84(1) of the Law of Property Act 1925 to modify or remove a restrictive covenant affecting land. There are various grounds for removal or modification. The Tribunal does not however have the power to determine...

Property Disputes - Quarterly Update - Spring

You can download the latest edition of our Property Disputes Quarterly Update, Spring 2017 via the link at the bottom of this preview of what is featured. Stories include: A SOLICITOR COVER UP BUT "NO DISHONESTY" We look at a case where a...

Silence is golden

High Court rules that trying to drown out neighbouring noise nuisance by creating your own noise is unreasonable. In the case of Waltham Forest LBC v Mitoo, the High Court ruled that playing loud music to drown out the noise from local building works was...

Property Disputes Quarterly Update Autumn 2016

You can download the latest edition of our Property Disputes Quarterly Update, Autumn 2016 here . Stories include: YOU CAN RUN BUT YOU CAN’T HIDE A case which shows the importance of providing your tenants with an up to date address for service of...

You can run but you can't hide

A case which shows the importance of providing your tenants with an up to date address for service of notices.   In the case of Levett-Dunn v NHS, the court was asked to determine whether break notices served by a tenant had been validly served where...

Experts stumble and fall in lease renewal proceedings

A recent High Court decision has highlighted the dangers of relying upon inadequate expert evidence in lease renewal proceedings.  The case of Flanders Community Centre Ltd v Newham London Borough Council concerned an unopposed lease renewal of a...

Disrepair And Loss Of Amenity

The Court of Appeal has clarified when you can claim damages for loss of amenity. The case of Moorjani v Durban Estates Limited concerned a flat that was in disrepair because of the landlord’s failure to comply with its repairing obligations. The...

Property Disputes: Your Questions Answered - Winter 2015-16

Question: I am a tenant of a flat in an apartment block containing several flats. My lease is a 999 year lease. Last year, I had to issue proceedings against the landlord to get him to deal with disrepair affecting my flat. I eventually reached a...

Specific Performance - Jumping The Gun?

Specific performance is an order compelling a party to take certain action, often in order to comply with its contractual obligations.  Although it is a remedy that is usually sought after a party has breached its contract, a recent case confirmed that...

International Perspective - Trols Povlsen

There was once a time when the arrival of Vikings on these shores was met with quite understandable concern.  Pillaging and looting was never a rewarding experience for those on the receiving end.  But how times have changed.  The previously...

Expert witness knocked senseless

The Court has recently issued one of the most damning criticisms of an expert witness that has been seen for quite some time (Van Oord UK Ltd v Allseas UK Ltd).  Any expert witnesses of a nervous disposition, look away now. The case in question...

Autumn Budget Update - How it could affect your Property.

In today’s Autumn Statement the Chancellor announced that from 1 April 2016 buy-to-let landlords and people buying second homes will face paying Stamp Duty Land Tax at a rate 3% above the current rate.  There will be exemptions for certain types...

Negligent valuations - the blame game

A valuer produces a negligent overvaluation of residential property. The lender relies upon that valuation and then sues its solicitors when it discovers that the valuation was wrong. Barking mad? Not so thought the High Court in Goldsmith Williams...

Trouble in Paradise

A naturist resort. A chalet. And a modest plot of land. Those were the subjects of the hotly contested case of Spielplatz Limited –v- Pearson. The legal issues that were laid bare during the proceedings centred on whether the chalet was a chattel or...

International Perspective - New York and 'tenant relocators'

The real estate market in New York is booming. So much so that tenants of rent-regulated apartments are being harassed by landlords and by professional “tenant re-locators” who are trying to persuade them to move out so that they can re-let and...

Hitting the Forfeiture Jackpot

The landlord in the case of Freifeld –v- West Kensington Court Limited could hardly believe its luck. The landlord was faced with a situation where its tenant had breached its lease by underletting the premises in deliberate breach of covenant. The...

International Perspective - Lessons from Berlin?

On 1 June 2015, Berlin began enforcing rent controls preventing landlords from charging  over  10% more  than  the  local  average  rent  for  new tenants.   The chairman of  the Berlin ...

Breaking and entering - is it worth it?

According to the Court of Appeal, the answer to this question in the case of Mr Best is “yes!”. Mr Best has emerged victorious from the Court of Appeal with the court having confirming that Mr Best is entitled to snaffle ownership of a property...
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