The presence of Japanese Knotweed in a garden can have a devasting effect on the price and saleability of a house. The plant is very difficult to eradicate and any treatment is costly. As the plant … [Read more...]
Brooke Homes (Bicester) Limited –v- Portfolio Property Partners Limited and Others [2021] – All Reasonable Endeavours in Property Contracts
In this case, the High Court looked at the legal meaning of the phrase “all reasonable endeavours”, which is commonly found in property contracts. The defendant group of companies had strategically … [Read more...]
London Trocadero (2015) LLP v Picturehouse Cinemas Limited – Commercial Rent Arrears
One consequence of the Covid-19 pandemic lockdown has been commercial tenants owing rent to their landlords. The recent case of London Trocadero (2015) LLP v Picturehouse Cinemas Limited does not … [Read more...]
Article on Sequent Nominees Limited v Hautford Limited
The Supreme Court in a majority 3 to 2 decision recently handed commercial landlords a fillip in the case of Sequent Nominees Limited v Hautford Limited. By the smallest of margins, the Supreme Court … [Read more...]
Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others – Easements
In this recent case, the Supreme Court looked at the leading case on easements (In re Ellenborough Park) and reconsidered it in a modern context and in relation to recreational and sporting easements … [Read more...]
Firstport Property Services Limited v Various long leaseholders of Citiscape – Safety Measures in Flats
In the aftermath of the shocking events of the Grenfell Tower tragedy, the First -tier Tribunal recently considered an important application on the issue of who was to pay for the costs of various … [Read more...]
Williams & Waistell -v- Network Rail Infrastructure Ltd
In this case, two neighbouring bungalow owners in South Wales sued Network Rail for allowing Japanese knotweed roots to spread on their land. Japanese knotweed is a plant with bamboo-like qualities. … [Read more...]
Welford v Graham – Claiming Rights Over Land Through Long Use
In this case, Mr and Mrs Welford claimed a right of way for vehicles over a yard owned by Mr and Mrs Graham. The Claimants based their claim for an easement over the land on the obscure legal … [Read more...]
Landlord and Tenant Act 1954 – End of Contractual Term of Lease for Commercial Tenants
Unless previously agreed commercial tenants usually benefit from the protection provided under Part II of the Landlord and Tenant Act 1954. If the commercial tenant is protected under this Act then … [Read more...]
Owens v Owens
This recent Court of Appeal case was widely reported in the press. Mr and Mrs Owens were married in 1978 and had two children together before separating in 2015. The wife filed for divorce citing the … [Read more...]
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