Property, Leasehold and Housing

Discharge of recent restrictive covenant comes under consideration

In the case of Barter Re Ivy House, the Upper Tribunal was asked to consider allowing an application to discharge a recently-made restrictive covenant over land. The covenantee in this case did not consent to the discharge but chose not to participate in...

Agency and knowledge come to the fore in local authority possession case

The London Borough of Haringey has won in the Court of Appeal when it appealed against a High Court decision refusing a possession order. The High Court found that the husband and tenant in the case, Mr Ahmed, was an agent for his wife in terms of the...

HM Land Registry: new strategy and an open approach to data

It will all be about speed, simplicity and an open approach to data at HM Land Registry from now on, it says as it publishes its five-year strategy document. Noting the need for innovation, HM Land Registry says: “We safeguard land and property...

Restrictive covenant modified in housebuilding case

The Upper Tribunal was asked to consider modifying a restrictive covenant which restricted house building in Anne Hennessey v Gary Mark Kent . It was held that, because the land in question was already surrounded on three sides by houses, this was a...

Secure tenant was too late to apply for statutory review of a possession order

In the case of Aaron Harris v Hounslow London Borough Council , it was decided that it was too late for a secure tenant to secure a statutory review of a local authority’s decision to apply for a possession order. This was because the seven days set...

Landlord must comply with statutes to succeed at forfeiture

The forfeiture of a tenant's 900-year lease for non-payment of rent failed as the landlord had not complied with statutory provisions, said the Upper Tribunal in the case of Cheerupmate2 Ltd v Calce . The appellant, Cheerupmate2 Ltd, was the landlord...

Were insurance charges made by landlord reasonable? No

Insurance charges made by a landlord of a block of flats were not payable by the tenants, as they were not "reasonably incurred", the Upper Tribunal agreed with the First Tier Tribunal following an application by one of the tenants. The case of ...

Greater clarification on High Court role in possession of land sought

The appeal in Partridge v Gupta dealt with the enforcement in the High Court of an order for possession of land. Sitting in the Queen’s Bench Division of the High Court, Mr Justice Foskett said that many possession orders made in the County Court...

Property appears in Budget twice: stamp duty relief and housing investment

In a move that is being touted as both a give-away and counter-productive, the Chancellor of the Exchequer announced in the Autumn Budget 2017 a relief from stamp duty land tax (SDLT) for first-time buyers. The relief will apply from 22 November 2017 to...

Landlord not liable for tenant's death from asbestos exposure

The landlord of a flat containing asbestos was not responsible for the death of a tenant who suffered from malignant mesothelioma. That was the decision of the High Court in a case involving the family of the tenant and Hammersmith Council. A claim for...
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