Property, Leasehold and Housing

Service charge 'enforceable because tenant waived invalidity'

A landlord has won its appeal over the validity of service charges even though it was late in giving notice. The court held that it was enforceable because the tenant had “waived the invalidity”. The case involved Southwark Council and one of...

Claim dismissed for order to extend lease to 999 years with no premium

The Chancery Division of the High Court heard an appeal from the Southend County Court in which it dismissed the claimant’s appeal against a decision dismissing her claim for an order to extend the lease on her flat to 999 years with no premium. The...

Reasonable endeavours come to the fore in Minerva v Greenland

An understanding was reached in the case of Minerva v Greenland of when a party has done enough to meet its contractual “reasonable endeavours” obligations to secure a specific result. The property case, heard in the High Court, revolved...

London Sephardi Trust wins argument regarding statutory valuation provisions

The valuation provisions in section 9 of the Leasehold Reform Act 1967 and the Interpretation Act 1978 were evaluated in the Court of Appeal in the case of John Lyon's Charity v London Sephardi Trust . The Court of Appeal upheld the Upper...

Court takes common sense approach to land, ignores contract's literal meaning

The High Court has made a decision in relation to a strip of land, thereby construing an unambiguous contract in terms other than in accordance with its literal meaning. The case, Jones v Oven , arose out of a dispute between neighbours at Little Baddow...

Business and Property Courts of England and Wales are launched

The Lord Chancellor, The Rt Hon David Lidington MP, has addressed an audience at the Rolls Building in London to launch the Business and Property Courts system and thanked Geoffrey Vos, Brian Leveson and Lord Thomas, the Lord Chief Justice, who have driven...

HM Land Registry clarifies boundary agreements and determined boundaries

HM Land Registry has explained what boundary agreements and determined boundaries are and when they may be appropriate in its updated Practice guide 40: HM Land Registry plans, supplement 4, boundary agreements and determined boundaries. HM Land...

Government plans to ban leasehold sales of new houses

The government has announced plans to clampdown on unfair practices involving leasehold homes. The measures include a ban on new build houses being sold as leaseholds as well as restricting ground rents to as low as zero. Leaseholds generally apply to...

Judge & Priestley's first three months in Chislehurst.

It is just over three months since Judge & Priestley announced the acquisition of the business interests of the Chislehurst based solicitor’s practice of Preston Mellor Harrison (PMH)and in that time we have been very busy in BR7. Through May we...

Landlord's notice to quit 'invalid' as it was sent to old address

A notice to quit was declared invalid because the landlords sent it to the tenant’s old address, even though they had been informed of the new one six years earlier. The case involved the tenancy of an agricultural holding. The tenancy agreement...
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