Property Litigation News

Promises not forgotten

The Court of Appeal has ruled that a cohabitee was entitled to a slice of the equity in a property owned in her partner’s sole name and to which she made no financial contribution. The case of Southwell v Blackburn has served as a reminder to...

Expert witnesses - sitting ducks?

A number of recent cases have seen expert witnesses stumble and fall. When acting as an expert witness, your primary duty is to assist the court. Assisting the court may seem straightforward but there have been a number of remarkable cases of experts...

Beware the tenant booby trap

Tread carefully when dealing with an outgoing tenant’s possessions. As a landlord, recovering possession of your property from a troublesome tenant is often a cause for celebration.  But those celebrations can come to a shuddering halt when...

Nightmare at Elm Street

New legislation is aimed at helping residential landlords to recover possession. Consider the following scenario.  You are a landlord of a terraced property on a quiet residential street.  Your tenant is 3 months into his 12 month...

Warning: Break Clauses In Leases - Respite For Tenants?

Paul Engelbrecht, Director and Head of Commercial Property at Hughes Paddison Solicitors, advises that there has been a recent flurry of cases where tenants have failed to persuade the Courts that they have complied with the conditions necessary to exercise...

When tenancy agreements go sour: help for landlords

Evicting a tenant who has stopped paying their rent or broken the terms of the tenancy agreement can be more difficult and time consuming than many people imagine.  In many cases, landlords must go to court to regain possession of their property. ...
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