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NEWS
This week's edition of Property Disputes weekly highlights includes: a High Court decision granting a final injunction against protestors, Upper Tribunal decisions on whether communal electricity charges that did not account for the use of solar panels were reasonably incurred, the threshold for unreasonable behaviour capable of justifying an order for costs, and calculation of ‘internal floor area’ for the purposes of the right to manage. It also includes the 178th Practice Direction update to the Civil Procedure Rules, the Ministry of Justice’s decision to publish the names of claimants of money judgments on the Register of Judgments, Orders and Fines in England and Wales, and amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order.
NEWS
This week's edition of Property Disputes weekly highlights includes: a High Court decision considering business rates liability in the context of a CVA and Court of Appeal decisions concerning service charges and the cost of remediating structural defects, fiduciary breach and lease execution defects, and a decision on whether services qualify as ‘rent’’ under the Housing Act 1988. It also includes Upper Tribunal decisions that the parties’ conduct in an Electronic Communications Code case negated the intention to create a periodic tenancy and a restrictive covenant case on practical benefit to an objector, and news about the draft Commonhold and Leasehold Reform Bill.
NEWS
This week's edition of Property Disputes weekly highlights includes an analysis of a case where the Technology and Construction Court clarified the limits of recoverable loss claims for damages under the Defective Premises Act 1972, an Upper Tribunal decision overturning a remediation order citing procedural irregularities, a Court of Appeal decision on whether secured debts incurred prior to a debt moratorium are excluded, and a High Court decision dismissing a beneficial interest claim in a civil recording and possession claim under the Proceeds of Crime Act 2002.
NEWS
This week's edition of Property Disputes weekly highlights includes: Court of Appeal guidance on what is a ‘manifest error’ in expert determination, and High Court decisions concerning an allegation of a sale at an undervalue by a trustee in bankruptcy, and a costs application following a partially successful rights to light claim. It also includes Upper Tribunal decisions regarding whether a defect in a leasehold title affected the owner’s entitlement to compensation for compulsory purchase, and service charge disputes where a landlord was prevented from passing down any of its legal costs and where time was held to be of the essence in the context of interim service charge notice provisions.
NEWS
This week's edition of Property Disputes weekly highlights includes: the introduction of the Renters’ Rights Bill, a Court of Appeal decision on an application to set aside an order staying possession of property, High Court cases on relief from forfeiture for breach of a ‘permitted use’ clause, an application for proceeds of sale of properties, and on property held on a constructive trust, and an Upper Tribunal decision on whether a premises formed a single hereditament.
NEWS
This week's edition of Property Disputes weekly highlights includes: a High Court decision regarding the validity of a surrender agreement and Upper Tribunal decisions concerning an unlicensed HMO penalty, an overturned banning order, a reserve fund not authorised by lease terms and service charge provisions which included costs for temporary relocation during repairs. It also includes First-tier tribunal determinations regarding the open market rent for residential properties.
NEWS
This week's edition of Property Disputes weekly highlights includes: Upper Tribunal decisions concerning the definition of a self-contained building or part of a building in a right to manage claim, and the meaning of an ‘operator’ who is party to an Electronic Communications Code agreement, and also a High Court decision concerning assessing a cross claim against a statutory demand based on damages for trespass. It also includes Practice Direction updates to the Civil Procedure Rules, the Law Society’s update on the Renters’ Rights Bill second reading in the House of Lords, the commencement of certain provisions of the Leasehold and Freehold Reform Act 2024, the Ministry of Housing, Communities and Local Government’s letter to the Chair of the Leasehold Advisory Service and its phased implementation of Awaab's Law.
NEWS
This week's edition of Property Disputes weekly highlights includes: High Court decisions on an injunction to prevent drone flights, and on beneficial ownership; a Scottish Outer House of the Court of Session decision on the definition of common parts; the Law Society’s requests for the next government; and the third edition of the RICS Rights of Light professional standard.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision that trespass is concerned with interference with possession of land, not ownership, High Court decisions concerning a landlord’s opposition on ground (g) of section 30(1) of the Landlord and Tenant Act 1954, an unsuccessful claim for a share of proceeds of sale of property, and a sale agreement breached due to sale of houses, and a Technology and Construction Court decision to impose a Building Liability Order on an associated company for fire safety and structural defects in a building. It also includes the Civil Procedure Rule Committee’s announcement that its annual open meeting will be held virtually, HM Courts & Tribunals Service’s guidance on issuing and managing online money claims using MyHMCTS, the Welsh Government’s written statement on the phased implementation of the Leasehold and Freehold Reform Act 2024, and a Scottish court’s imposition of an antisocial behaviour order against a tenant.
NEWS
This week's edition of Property Disputes weekly highlights includes: Upper Tribunal decisions that a tenant appealing a costs order was not a basis for an unreasonable conduct cost sanction, and the costs consequence of an unreasonable refusal of a settlement offer in lease negotiations, a Court of Appeal decision concerning the test for reasonableness of residential service charges, and High Court decisions concerning the compatibility of leasehold reform measures with property rights under Article 1 of the First Protocol to the European Convention on Human Rights, and proprietary estoppel and trespass claims. It also includes the Ministry of Housing, Communities and Local Government’s guidance on the Renters' Rights Act 2025.
NEWS
This week's edition of Property Disputes weekly highlights includes: analyses of Court of Appeal decisions declaring a right to manage claim notice invalid for procedural non-compliance and interpreting a local authority’s discretionary succession policy, a High Court decision that resuscitating a conceded lease construction point is an abuse of process and an Upper Tribunal decision allowing partial modification of a restrictive covenant.
NEWS
This week's edition of Property Disputes weekly highlights includes: High Court decisions on nuisance and on occupation for business purposes, an Upper Tribunal decision on the definition of a HMO, a County Court decision on a debt moratorium, CPR Committee meeting minutes, and the approval of the 164th Practice Direction update to the Civil Procedure Rules.