Property litigation

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 …

The role of the courts in rent review clauses

Posted on

When reviewing rent review clauses, it is worth noting the approach taken by the courts when considering and interpreting rent review clauses. More …

Rent reviews - Is timing everything?

Posted on

The courts have been relatively quiet on the topic of rent reviews of late, however, with the commercial leasehold market picking up post-recession the question of rent reviews may become a hot topic. More …