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NEWS
This week's edition of Property Disputes weekly highlights includes: the Building Safety (Wales) Bill and English Devolution and Community Empowerment Bill both receiving Royal Assent, and publication of new and updated guidance from MHCLG following provisions in the Renters’ Rights Act 2025 coming into force on 1 May 2026. It also includes Court of Appeal decisions where a section 21 notice was held to be invalid due to non-compliance with statutory gas safety notice requirements and a lease disclaimer that constituted a contractual failure, and Upper Tribunal cases concerning Code rights under the Electronic Communications Code and consideration of service charge provisions in a lease of retirement flats.
NEWS
This week's edition of Property Disputes weekly highlights includes: Court of Appeal cases on the abuse of process in the context of adverse possession claims, the amendment of a possession claim to add an absolute ground, and rent repayment orders, and High Court cases on the legal and beneficial ownership of partnership assets and the application of the principle of contra proferentem. It also includes an Upper Tribunal case on the need to provide reasons for a fair market rent value and the Ministry of Housing, Communities and Local Government’s updates to its guidance on the amendments to the Building Safety Act 2022 (as introduced by the Leasehold and Freehold Reform Act 2024).
NEWS
This week's edition of Property Disputes weekly highlights includes: High court cases on setting aside a liquidator’s rejection of a proof of debt for dilapidations, and injunctive relief preventing trespass and nuisance by newcomers and persons unknown, Upper Tribunal decisions on applications for rights of way and costs, and the SRA’s plan to focus on competence in landlord and tenant law.
NEWS
This week's edition of Property Disputes weekly highlights includes: Court of Appeal decisions on termination of a secure tenancy, release of restrictive covenants, and trusts of land, High Court decisions on injunctions for trespass against persons unknown, a mooring license, variation of an order of sale, proprietary estoppel, and ownership of property acquired during a joint venture, Upper Tribunal (Lands Chamber) decisions on variation of positive covenants and discharge of restrictive covenants, a First-tier Tribunal decision on a remediation order, approval of the 163rd Practice Direction updates, the Building (Registered Building Control Approvers etc) (England) Regulations 2024, the Building Safety Act 2022 (Commencement No 7 and Transitional Provisions) Regulations 2024, and the Local Government Finance Act 1988 (Prescription of Non-Domestic Rating Multipliers) (England) Regulations 2024.
NEWS
This week's edition of Property Disputes weekly highlights includes: Upper Tribunal decisions regarding the requirement for rent repayment orders to reflect the harm (or lack of) suffered by tenants and the validity of a landlord’s notice under section 13 of the Housing Act 1988, and High Court decisions concerning the quantification of damages for unlawful eviction and the interpretation of a conveyance in relation to the demarcation of boundaries. It also includes the introduction of the Leases (Integrated Retirement Communities) Bill, as well as the introduction of a Bill to compel temporary use of vacant commercial properties and the provisions of the Renters’ Right Act 2025 which came into force on 27 December 2025.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Supreme Court decision concerning the qualifying period for adverse possession, the progress of the Renters’ Rights Bill, Upper Tribunal decisions where nominal consideration only was awarded for survey access under the Electronic Communications Code, the discharge of an obsolete personal covenant and the remission of a service charge dispute back to the First-tier Tribunal due to the lack of explanation regarding the reasonableness of the amounts charged. It also includes a High Court decision that a mortgage took priority over the interest of a defendant who was not in actual occupation, the Master of Rolls’ speech on the Digital Justice System and the Royal Institution of Chartered Surveyors’ practice alert on expert witness standards in housing disrepair cases.
NEWS
This week's edition of Property Disputes weekly highlights includes: High Court decisions on a de minimis discrepancy in a boundary line and on the Defective Premises Act 1972, and Upper Tribunal decisions on rating appeals. It also includes the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2026 prescribing notices and forms for private residential tenancies in Scotland and the Home Office's updates to right to rent codes and guidance on digital checks.
NEWS
This week's edition of Property Disputes weekly highlights includes: publication of tenant guidance for private renters in England, the Housing minister’s confirmation that leasehold reform will be delayed until approximately 2028, and High Court decisions where a failure to name individual defendants in possession proceedings was not fatal to the claim, and where an unauthorised alteration of a deed rendered a legal charge void. It also includes the RICS consultation on updated party wall practice guidance, the launch of a consultation on a new social housing tenure direction, publication of a code of practice for agricultural landlords and tenants in Wales and the Tribunal Procedure (First-tier Tribunal) (Property Chamber) (Amendment) Rules 2026.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision finding that the tenancy condition in section 81 Housing Act 1985 can be satisfied even where the tenant does not intend to return to the premises as a tenant, High Court decisions on the court’s jurisdiction to determine whether in point of law a particular debt is a ‘moratorium debt’ under the Debt Respite Scheme, and the causal link that must be established between the negligent advice and subsequent conduct of a property developer, on the interpretation of restrictions in a nomination rights deed on the disposal of property, on a parties’ termination clause which was found to exclude the ‘breach of contract principle’, a decision that a short LTA 1987 section 22 notice period was immaterial in light of landlord’s continued failure to remedy issues, and whether or not a right to forfeit had arisen. Upper Tribunal decisions on compensation for loss of amenity flowing from a redevelopment scheme and the court exercising its discretion to modify a restrictive covenant affecting land and overruling the First-tier Tribunal’s decision not to determine service charges due to lack of information, and a decision that a lawful assignee assuming primary responsibility for obligations in the licence agreement will be party to the Code agreement. It also includes a snapshot of key property developments to look out for in 2025.
NEWS
This week's edition of Property Disputes weekly highlights includes: the MHCLG consultation on an exemption from the ground rent cap, High Court decisions regarding an unjust enrichment claim for disputed service charges, a property unfit for human habitation, and postponement of a possession order, and Upper Tribunal decisions on the Electronic Communications Code and rating valuation.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Supreme Court decision on Japanese Knotweed, High Court decisions on a lease granted in breach of directors’ duties, boundary determination, and staying bankruptcy proceedings, and Sheriff Appeal Court decisions on the right to occupy property and the sale of a home in bankruptcy.
NEWS
This week's edition of Property Disputes weekly highlights includes: an Upper Tribunal decision upholding the First-tier Tribunal’s application of property valuation principles in the context of a lease extension, High Court decisions regarding procedural defects in partnership claims, the dismissal of a provision claim in a joint tenancy severance order, the dismissal of estoppel, and probate and possession claims and counterclaims and analysis of a High Court decision on satisfying the equity arising from proprietary estoppel. It also includes judgments in Scottish property disputes and news items regarding the opening of the New London Tribunals Centre in February 2026 and publication of the Ministry of Housing, Communities and Local Government’s template access agreement for buildings covered by the Developer Remediation Contract.