Property, Leasehold and Housing

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...

Government confirms its comitment to helping homebuyers

The government has reiterated its commitment to helping more people own their home. Alok Sharma, Housing and Planning Minister, said: “As set out in our Housing White Paper, we’re committed to helping those aspiring home buyers currently...

Tribunal modifies covenant relating to 'one property per plot'

A tribunal has modified a covenant that prevented the building of more than one property per plot on a large estate. The case involved a development called River View, which had been built in accordance with planning permission granted in 1962 for eight...

Builder recovers £44,000 in dispute over defective work

A builder has recovered unpaid fees totalling £44,000 in a dispute with property owners over alleged defects in renovation work. The owner had asked the builder to do certain works on their property. There was no written agreement. The owners paid...

NHF Leaseholder and Tenant Service Charges Conference (14th September 2017)

We are pleased to announce that Mark Oakley, Property Partner at Judge & Priestley will be presenting a breakout session at the NHF Leaseholder and Tenant Service Charges Conference . The event is taking place on Thursday 14 September 2017 at the...

Restrictive covenant discharged to enable residential use of office space despite neighbouring restaurant's objection

An application to discharge a restriction preventing the use of premises (next door to a former Chinese restaurant) other than as offices was granted by the Upper Tribunal (Lands Chamber) to enable the applicants to convert the premises into two residential...

Law Commission calls for event fees in retirement properties to be regulated

“We consider that event fees should be regulated with the introduction of a new code of practice,” says the Law Commission. It is referring to specialist retirement properties which are almost always sold on a leasehold rather than freehold...

Court of Appeal tackles the difficult question of easements of recreational facilities

In Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Anor [2017] EWCA Civ 238 (04 April 2017) the Court of Appeal (Civil Division) had the opportunity to consider the validity of easements of various kinds of recreational facilities....

Minimum standards: Government issues energy efficiency guidance on non-domestic private rented property

  The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 mean that, from April 2018, private non-domestic (and domestic) landlords must ensure that properties they rent in England and Wales reach at least an Energy...

Court of Appeal considered service of an injunction under CPR r. 81.8.

MOHAMED ABDULRAHMAN v CIRCLE 33 HOUSING TRUST LTD (2017) CA (Civ Div) 29/06/2017 In this case before the Court of Appeal, the respondent was a housing association which had granted the appellant an assured tenancy in a flat. The flat shared a communal...
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