Property litigation

Blake Morgan acts in crucial Court of Appeal parking permits case: R (Khodari) v RBKC

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This case looks at the lawfulness and enforceability of the inclusion of "permit-free" obligations within Section 106 Agreements which seek to restrict future occupants from applying for a permit to park on the highway. More …

A person's right to rent

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The changes coming into force in England as of 1 February 2016 which introduces a "Right to Rent" scheme will affect landlords and managing agents. Here is what the new changes will include. More …

Tenancy Deposits – deadline looming for protection against penalties

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Landlords of residential property are reminded that, further to the Deregulation Act 2015 ("DA"), for fixed term assured short-hold tenancies that were granted pre-6 April 2007 that subsequently became statutory periodic after 6 April 2007, a deposit taken in relation to that tenancy must be protected and prescribed information served if the Landlord wants to avoid the penalties imposed by the Housing Act 2004. More …

Disability discrimination – New guidance from the Supreme Court

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It is becoming more and more common to see defences raised to possession proceedings which rely on disability discrimination and the Equality Act 2010. The Supreme Court has now given guidance on how to deal with these defences following the case of Akerman-Livingstone v Aster Communities. More …

Housing Act 1988 – Amendment to Notice of Seeking Possession (section 8 notice)

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The section 8 notice (Notice of Seeking Possession) has been amended to take into account the changes brought in by the Anti-social Behaviour, Crime and Policing Act 2014. More …

Court fees for Possession Claims on the increase again?

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The Ministry of Justice is consulting on a proposal which could see yet another rise in court fees for, amongst other things, issuing claims for possession. More …

Will mediation become compulsory? Neighbour disputes

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It is well known that the Court encourages parties in all disputes to consider settlement at every stage and that mediation has become more popular as a means of resolving disagreements. More …

Shelfer test consigned to history

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The Supreme Court has signalled a departure from the strict application of the test in Shelfer v city of London Electric Lighting [1895] which has for more than a century been the leading case on the principles the court must take into account when deciding whether an injunction is an appropriate remedy. More …