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The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—8 May 2025
The following Property Disputes news provides comprehensive and up to date legal information on Supreme Court decision on the qualifying period for adverse possession (Brown v Ridley)
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Dilapidations claims at the end of the termOnce a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy and the amount recoverable is governed by:•common law principles for the assessment of damages for breach
Does section 11 of the Landlord and Tenant Act 1985 apply to mixed use premises?Section 11 of the Landlord and Tenant Act 1985 (LTA 1985) implies a compulsory contractual term into all tenancies (even where there is an express repairing covenant) of less than seven years. This implied obligation
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of care to all their visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them. They must take
If a landlord rents out a property which has oil heating (rather than gas), is there the same legal obligation to provide a safety certificate? The boiler runs off oil rather than gas. If the tenant refuses to supply the oil (which they are required to do under their tenancy agreement) then the
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