News & Publications: Litigation

The Winter Truce

November 18th, 2020

Why has this come into effect? There has been recent talk of a “Winter Truce”, preventing residential tenants from being evicted during the Christmas Period. Accordingly, the Secretary of State has exercised powers conferred by prior legislation to make these regulations (exercised by statutory instrument[1]). [1] Public Health (Control of Disease) Act 1984, s.45P, 2. […]

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Can an email signature bind you to the sale of property?

March 31st, 2020

Commentary on the decision in Neocleous & another v Rees [2019] EWHC 2462 (Ch) Introduction Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (‘the Act’), provides (amongst other things) that a contract for the sale of land can only be made in writing, containing all of the agreed terms in a single […]

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Redevelopment as a ground of opposing a new lease

March 31st, 2020

Comment on the decision in London Kendal Street No. 3 Ltd v Daejan Investments Ltd [2019] Introduction A landlord may oppose an application by a tenant for a new lease of business premises under the Landlord and Tenant Act 1954 (‘the Act’) on a number of different grounds. These are found in section 30 of […]

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Covid-19 Outbreak Update: Litigation – Landlord & Tenant

March 31st, 2020

On 3 March 2020 the Government set out a COVID-19 action plan, which outlined the steps that the Government has taken and future steps that it intends to take depending on how the situation develops. The plan set out the basis of emergency legislation that is being implemented in response to the outbreak. The legislation […]

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Wigmore Homes (UK) Limited v Sembley Works Residents Association Limited [2018] UKUT 252 (LC)

January 7th, 2019

The Appellant is the owner of multiple flats in a converted office and factory. The building, which now comprises of 33 residential flats has a history of disrepair and service charge arrears. The Respondent, which is owned and managed by some of the tenants of the block, took over the management in 2012. In 2015, […]

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Service charges – repairs v improvements

April 2nd, 2018

Where lessees are obliged to pay service charges under the terms of their lease, they are afforded protection by section 19 of the Landlord and Tenant Act 1985 (‘the Act’), which provides that costs shall only be take into account in determining the service charge payable for a period where they are “reasonably incurred” and […]

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The recovery of costs in small claims cases

April 21st, 2017

CPR rule 27.14 deals with the recovery of costs on the small claims track. The starting point is that the court may not make an order for costs, except for fixed costs and court fees, unless the opposing party has behaved unreasonably. The question of what constitutes unreasonableness, therefore, arises fairly often in small claims […]

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MacGregor v B M Samuels Finance Group Plc [2013] UKUT 471 (LC)

October 31st, 2013

How far does the jurisdiction of the First-tier Tribunal (Property Chamber) extend when dealing with service charge disputes? A comment on the decision in MacGregor v B M Samuels Finance Group Plc [2013] UKUT 471 (LC). The Upper Tribunal (Lands Chamber) recently gave a ruling limiting the First Tier Tribunal (Property Chamber) (“the Tribunal”)’s jurisdiction […]

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