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NEWS
This week's edition of Property Disputes weekly highlights includes: analysis of a High Court judgment concerning a landlord overcharging for insurance rent, a Privy Council appeal concerning adverse possession, an Upper Tribunal (Lands Chamber) case overturning a decision regarding an erroneous land transfer and a Sheriff Appeal Court dismissal of an appeal, ruling that there was a broken chain of causation. In addition, there are various updates from the HM Courts Tribunal Service—including announcing mandatory online portal for civil money claims from July 2025 and a new digital query system for legal representatives using the online money claim portals, and minutes of the CPR Committee meeting—9 May 2025.
NEWS
This week's edition of Property Disputes weekly highlights includes: the passing of the Building Safety (Wales) Bill, a Court of Appeal ruling on the meaning of ‘building’ in the Landlord and Tenant Act 1987, and High Court decisions on causation in an overage negligence claim, and the effect of rescinding a contract on a buyer’s unilateral notices. It also includes the fourth edition of the RICS service charge residential management code, and Upper Tribunal decisions on landlord cost recovery and modification of a restrictive covenant.
NEWS
This week's edition of Property Disputes weekly highlights includes: High Court cases on the use of an expert determination procedure under a contract for sale of land, variation of an express declaration of trust, and an unsuccessful claim for an interest in properties on the basis of a partnership or joint venture, and an FTT decision on a cladding defects remediation order.
NEWS
This week's edition of Property Disputes weekly highlights includes: the Mayor of London’s launch of a Renters’ Rights Enforcement Fund ahead of Renters’ Rights Act 2025 implementation, changes to enforcement procedures under the Tribunals, Courts and Enforcement Act 2007, an Upper Tribunal decision that an RTM company could acquire the right to manage part of a building as relevant services could be provided independently, and High Court decisions on Building Liability Orders, insolvency vesting orders, and that procedural fairness mandated a retrial to assess authenticity of a declaration of trust. It also includes a Senior Courts Cost Office decision on likely track allocation in a housing disrepair claim for costs assessment purposes, the Assured Tenancies (Private Rented Sector) (Prescribed Forms and Transitional Provisions) (England) Regulations 2026 and the First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2026.
NEWS
This week's edition of Property Disputes weekly highlights includes: clarification by the Court of Appeal of what a self-contained part of a building is for right to manage purposes, decisions by the High Court that a mortgagee in possession was subject to Welsh landlord registration requirements, where interim access was granted to preserve a developer’s option rights, and where it was held that there was no serious issue to try as creditors gave up their right to sue for debt by accepting early repayment. It also includes Upper Tribunal decisions concerning liability for service charges, the imposition of HMO conditions, rent repayment orders and business rates determination, the Non-Domestic Rating (Definition of Domestic Property) (England) Order 2026 and Online Procedure (Rules and Practice Directions) Rules 2026.
NEWS
This week's edition of Property Disputes weekly highlights includes: coverage of the Supreme Court’s decision on rent repayment orders against a superior landlord, and High Court cases on a section 42 notice, construction of an easement, and breach of a proviso to a landlord’s redevelopment right. It also includes coverage of Upper Tribunal decisions on the qualifying premises in a right to manage claim and on rates where offices are occupied by property guardians.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision on local authority powers in statutory nuisance, High Court decisions on potential conveyancing negligence, beneficial ownership and abuse of process, a County Court decision on the renewal of business tenancies, and a Scotland Sheriff Appeal Court decision on the potential breach of an interim interdict.
NEWS
This week's edition of Property Disputes weekly highlights includes: court decisions regarding a trustee in bankruptcy’s rights to possession and sale of family home, the broad interpretation of unsafe cladding under paragraph 8, Schedule 8 of the Building Safety Act 2022, environmental nuisance claims, a property agent’s failure to display a CMP certificate, amendments to UKSC and JCPC Practice Directions, the Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025 and the Welsh Government’s Rent and Service Charge Standards.
NEWS
This week's edition of Property Disputes weekly highlights includes: the SRA’s warning notice addressing AI misuse risks for solicitors and law firms, the Bona Vacantia Division updates to BVC2 and BVC4 land and buildings guidelines and a Court of Appeal decision regarding improvement notices. It also includes High Court decisions concerning possession and rent recovery in a service tenancy, a Building Safety Act remediation agreement and a strike out of re-litigated mortgage claims and an Upper Tribunal decision concerning a restrictive covenant modification for a residential development.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision concerning landlord and tenant notices, service and deeming clauses, High Court decisions concerning whether a property was held on constructive trust, injunctions imposed in respect of acts of trespass by entering and clearing vegetation on a claimant's land in a boundary dispute, the grant of a final injunction to prevent ‘persons unknown’ from trespassing and an unsuccessful professional negligence claim against a law centre and barrister in relation to forfeiture proceedings. It also includes the significant changes to CPR 25 (interim remedies and security for costs) that will come into force on 6 April 2025, and an analysis of the application of the ‘just and equitable’ test for remediation contribution orders under the Building Safety Act 2022.
NEWS
This week's edition of Property Disputes weekly highlights includes: High Court decisions on forfeiture and landlord repairing obligations, a First-Tier Tribunal decision on remediation orders under the Building Safety Act 2022 and a Scottish Sheriff Court decision on whether the words 'other infestation' can include Japanese Knotweed. It also includes comments from RICS on the political parties’ housing sector plans.
NEWS
This week's edition of Property Disputes weekly highlights includes: the grant of permission to apply for judicial review in relation to the Leasehold and Freehold Reform Act 2024, an appeal concerning the validity of the service of a claim form served in reliance on section 48 of the Landlord and Tenant Act 1987 after the end of the tenancy, a High Court appeal decision that failed window seals and glazing units do constitute disrepair under student accommodation leases, and an Insolvency and Companies Court appeal decision that interests in co-owned freehold property vested in the trustee of the bankrupts’ estate. It also includes various updates from the HM Courts and Tribunals Service—including updated guidance relating to the Damages Claims Portal for claims proceeding under CPR PD 51ZB, new precedent costs budget forms and publication of its contact details for using the online claims services, as well as details of the commencement of the Court and Tribunal Fees (Miscellaneous Amendments) Order 2025.