Property litigation

The NCA wins the first round in its application of "McMafia" laws

Posted by on

Upon the High Court lifting reporting restrictions this week, the newspapers have reported details of the extravagant lifestyle of Zamira Hajiyeva, the wife of the former chairman of Azerbaijan's largest bank, the state-owned International Bank of Azerbaijan, who is currently serving a 15 year prison sentence in his home country, having been convicted in 2016 of fraud and embezzlement in the sum of £2.2billion. More …

Good Service is more than just Good Business

Posted by on

In a recent unreported case in the County Court at Central London (Sajid v Nuur, 30 July 2018), a Claimant (Landlord) had brought a claim against a Defendant (a former Tenant) and attempted to serve the claim at an address which the Claimant knew the Defendant had left some two years before. It could be fair to say the Landlord should well have known – as it was his own property! More …

Tenant catches a break

Posted by on

A recent High Court decision has highlighted not only the power of punctuation, but the need for tenants to take proactive legal action when they wish to terminate their lease early. More …

If you can't be a shining example, at least be a horrible warning: lease assignments and offer-back clauses

Posted by on

A recent judgment shows how things can go badly wrong if you don't follow the lease to the letter when sending an offer-back notice and applying for consent. More …

To Airbnb or not to Airbnb? New case law

Posted by on

As a consequence of the recent change in the planning law within London, there has been a reported increase in property owners using Airbnb or similar sites to make income from their properties. More …

To Airbnb or not to Airbnb? Short term renting of London homes

Posted by on

The money to be made on holiday rental sites is causing problems for London's residential landlords. More …

No Refunds?! Why the Supreme Court refused Marks & Spencer rent repayment after lease breaks

Posted by on

No refunds? As many people think about returning their itchy Christmas jumpers, some are wondering why, when it comes to property, refunds are not always available for unwanted and unused services. More …

Is there a right to light at the end of the tunnel?

Posted by on

We are approaching the first anniversary of the case of Scott v Aimiuwu [2015] in which a classic dispute arose between neighbours as to the effect of one party's proposed extension on the amount of natural light entering the other party's property. More …

More limitations on landlords seeking possession under Assured Shorthold Tenancies

Posted by on

The s.21 possession procedure is a desirable method for landlords seeking possession of property let on an assured shorthold tenancy. Under s.21 of the Housing Act 1988, if the notice requirements have been met, courts are obliged to grant a possession order without the landlord having to establish a ground for possession. More …

What happens if a tenant removes part of a wall because it has valuable graffiti on it?

Posted on

What rights does a landlord have if a tenant removes a piece of wall that has valuable graffiti on it? This happened in the case of Creative Foundation v Dreamland Leisure - Kate New gives an overview of the case and the Court's decision. More …