Q&As

Q&As

These Q&As seek to briefly address common questions faced when dealing with Property Disputes matters.

The Q&As supplement and link to other more detailed content within Lexis®+ UK Practical Guidance, but are intentionally short. It is anticipated that a brief Q&A will be most helpful when you need a quick overview of an issue and its likely impact. This might arise, for example, for lawyers needing to provide advice, provide business development or training at short notice. The Q&A content on Lexis®+ UK Practical Guidance is date stamped. This date is the publish

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Latest Property Disputes News

Microwave alone insufficient to amount to ‘cooking facilities’ in HMO test (Oxford Hotel Investments Ltd v Great Yarmouth BC)

Local Government analysis: The Upper Tribunal (UT) considered the definition of cooking facilities as part of the test for whether a building is an HMO set out in section 254 of the Housing Act 2004 (HA 2004) and in particular whether that term was satisfied by the presence of a microwave (alone). The property concerned had no other facilities for cooking. The UT held that the presence of a microwave on its own was not sufficient to amount to cooking facilities such as to take the property out of the definition of an HMO and as such held that the property was part of an HMO and subject to the controls of HA 2004. Written by Josef Cannon KC, barrister at Cornerstone Barristers.

RSH publishes Rent Standard 2026 and guidance on rent increase limits

The Regulator of Social Housing (RSH) has published the Rent Standard 2026, which sets out the requirements governing how registered providers must set and increase social housing rents from 1 April 2026. The Rent Standard reflects the government’s revised Policy Statement on Rents for Social Housing. Under the standard, registered providers will generally be permitted to increase rents by the Consumer Prices Index (CPI) plus 1% each year. It also permits additional increases where rents are below the relevant formula rent, subject to specified limits, allowing rents to move gradually towards formula levels.

Proprietary estoppel and unenforceable land contracts (Conway v Conway)

Private Client analysis: In Conway v Conway, the High Court clarified the interplay between proprietary estoppel and the statutory formalities required for contracts for the sale of land under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). The case concerned an appeal from a first instance decision ordering specific performance of an oral contract for the sale of land as relief in a proprietary estoppel claim. In allowing the appeal, Mr Justice Michael Green held that that proprietary estoppel could not be used to obtain specific performance of an otherwise unenforceable oral contract for the sale of land, but remitted the question of equitable compensation to the County Court due to the absence of alternative relief in the pleadings. The decision clarifies that LP(MP)A 1989, s 2 bars relief that has the effect of enforcing void contracts while leaving open other forms of equitable relief that can satisfy the equity arising in estoppel cases. Written by Cameron Stocks, barrister at Gatehouse Chambers, who acted for the appellant at first instance and on appeal to the High Court.

Welsh Government welcomes draft Commonhold and Leasehold Reform Bill

The Welsh Government has published the draft Commonhold and Leasehold Reform Bill for pre-legislative scrutiny in the UK Parliament. The Bill sets out proposals to address long-standing imbalances in the leasehold system, which have left leaseholders subject to unfair contracts, rising costs and limited control over their homes. The statement explains that the draft Bill applies to both England and Wales. It proposes a cap on ground rent in existing leases at £250 per year, reducing to a peppercorn rent 40 years after commencement. It also includes reforms to make commonhold a practical alternative to leasehold and a future ban on certain long residential leases of flats, similar to the existing ban on leasehold houses. Further proposals include the abolition of leasehold forfeiture for long residential leases, replaced by a lease enforcement claim process, and the removal of disproportionate enforcement options for non-payment of certain freehold estate charges. The UK government has also launched a consultation on the operation of the proposed leasehold flat ban.

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