Property, Leasehold and Housing

Homeowner overturns restrictive covenant so he can build extension

A homeowner has been granted permission to add a two-storey extension to his property despite objections from his neighbour.  The case involved neighbours on an estate of houses around a private road constructed in the 1980s. The properties were...

Good news for Landlords and Letting Agents - Northwood v Fearn - Court of Appeal decision - January 2022

A recent Court of Appeal decision concerning the signing of documents on behalf of a landlord, has been welcomed by many landlords and agents. Background Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40  considered the requirements for...

New clampdown on landlords over property energy rating

Local authorities are to receive extra funding to tackle landlords who fail to comply with energy rating standards on their properties. Since April last year, privately rented homes have had to meet a minimum energy performance rating of EPC Band...

Legal costs in disrepair cases - the decision in Jalili v Bury Council

  Background  In  Jalili v Bury Council , the court considered the amount of legal costs that were recoverable by a tenant in a disrepair claim brought against their council landlord that settled pre-issue of proceedings. The tenant’s...

The importance of protecting tenants' deposits following the recent decision in Sturgiss -v- Boddy

The recent case of Sturgiss -v- Boddy concerned the impact of the law on commonplace flat shares where the owner does not live at the property but allows others to do so and those others are unrelated to one another. Under this arrangement it is common...

Homeowners lose appeal over stamp duty on 'large gardens'

Three homeowners have lost their appeal against a decision that sections of land they bought with their homes should be classed as ‘gardens or grounds’ and so be subject to Stamp Duty Land Tax (SDLT) at the full rate. The issue in each case was...

Damage to premises did not invalidate break clause in lease

The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. The break clause provided that the tenant could terminate the lease if...

Landlord wins dispute over service charges in commercial building

A landlord has won a dispute over service charges in a commercial building because the onus was on the tenant to prove they were unfair, and it had failed to do so. The case involved Criterion Buildings Ltd and Mckinsey & Co. Criterion was the landlord...

The Breathing Space Moratorium

According to May 2021 statistics between 6% to 7% of private renters are estimated to be in arrears, which is around twice the proportion of an average year before the pandemic. The Government have had to step in to protect private renters. ...

Possession Update: Recent Changes to Evictions and Notice Periods

Coronavirus has had a significant impact on the Civil Courts, particularly in relation to possession proceedings and evictions. The latest eviction ban imposed by the Government ended on 31 May 2021. In addition to this, the Government has amended and...
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