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Landlord and Tenant Updates

Delicatessen Pays Heavy Price for Flouting Planning Order

Published on: 30 December 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

A company which flouted a council enforcement notice, requiring it to demolish an ‘ugly and imposing’ extension to a delicatessen after it was built without planning permission, has paid a heavy price for its ‘obdurate disobedience’.

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Wind Farms Attracting Central Government Concern

Published on: 21 December 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Wind Farms Attracting Central Government Concern

In a clear indication that the visual and other impacts of the ever-increasing number of wind farms have become a matter of Central Government concern, the Secretary of State for Communities and Local Government overruled one of his own planning inspectors in scotching plans for a six-turbine development in East Yorkshire.

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Pressure on Public Housing Sways Supreme Court

Published on: 16 December 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Pressure on Public Housing Sways Supreme Court

The precarious position of those living in temporary council accommodation is all too clear after the Supreme Court was swayed by the acute pressure on public housing and upheld the right of local authorities to evict without notice or obtaining a court order.

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Social Housing Shortage Trumps Human Rights

Published on: 11 December 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In opening the way for a 76-year-old man’s eviction from the home where he brought up his six children, the Court of Appeal struck an anxious balance between individual human rights and the intense pressure on the supply of social housing.

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Housing Waiting List Criteria ‘Unlawful’, Court Rules

Published on: 26 November 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Housing Waiting List Criteria ‘Unlawful’, Court Rules

In an important decision for the social housing sector, a council’s policy to generally exclude those living in suitable long-term temporary accommodation from its waiting list for permanent homes has been struck down as unlawful by the Court of Appeal.

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Rhodesian Ridgeback Features in Commercial Lease Dispute

Published on: 18 November 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Rhodesian Ridgeback Features in Commercial Lease Dispute

Commercial tenants engaged in a struggle with their landlords – which encompassed the presence of a Rhodesian Ridgeback dog on the land as well as planning and other issues – have failed to convince the High Court that they were entitled to terminate their lease early and have been ordered to pay £70,000 in damages.

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Hard-Pressed Developer Must Give Up £12.6 Million Mansion

Published on: 14 October 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Hard-Pressed Developer Must Give Up £12.6 Million Mansion

A property developer whose multi-million-pound plan to build a palatial residence in the Surrey green belt came disastrously unstuck has failed in a legal campaign to stop mortgage lenders taking over the property and selling it from under him.

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Property Wrangle Solicitors Cleared of Negligence

Published on: 23 September 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Property Wrangle Solicitors Cleared of Negligence

A leading firm of solicitors which was sued for alleged professional negligence after a property transaction went badly wrong, ending up bogged down in a costly arbitration process, has been exonerated by the High Court.

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Property Vendor Pays Price for Contract Ambiguity

Published on: 09 September 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Property Vendor Pays Price for Contract Ambiguity

In a cautionary tale for property professionals, a vendor of commercial premises has ended up substantially out of pocket following a Court of Appeal ruling – simply because the words ‘plus VAT’ were left out of the sale contract.

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Social Landlord Can Evict Disabled Tenant

Published on: 31 August 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Social Landlord Can Evict Disabled Tenant

A disabled tenant of temporary social housing, who was too sick to engage in the process of finding him a permanent new home, has failed to convince the Court of Appeal that his eviction would violate his right to equal treatment.

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Couple’s Flawed Plans for Disabled Daughter End in Eviction

Published on: 21 August 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Couple’s Flawed Plans for Disabled Daughter End in Eviction

An elderly couple’s attempt to give their disabled daughter a secure home for the foreseeable future came horribly unstuck and left her facing traumatic eviction – however, it could all have been very different had they sought appropriate legal advice.

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Judge Says No to More Music Concerts at Emirates Stadium

Published on: 31 July 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Arsenal Football Club's controversial plans to expand the number of music concerts and major events held at the Emirates Stadium have been stymied by a High Court ruling which emphasised the right of local residents to enjoy their peace and quiet.

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Tower Block Project Managers Face £3.35 Million Loss

Published on: 21 July 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Tower Block Project Managers Face £3.35 Million Loss

Project managers who monitored construction of a residential tower block on behalf of a bank which loaned the money needed to bring the project to fruition have ended up carrying the financial can after the developers went bust.

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Council Pays Price for Breaching Public Procurement Rules

Published on: 09 July 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In a case with important implications for public procurement, a local authority which failed to publicly advertise contracts for a regeneration project will have to pay back almost £160,000 in European grants it received in respect of the development.

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Office Name Change Contested

Published on: 03 July 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Office Name Change Contested

When a landlord decided to change the address of a building (by changing the name to that of an incoming and significant tenant), the other tenants reacted badly.

Faced with the costs of reprinting stationery and the like, they opposed the move and the outcome is a hearing before the planning committee of the City of London.

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Huge Conveyor System ‘Forms Part of the Land’

Published on: 22 December 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In a guideline decision, the High Court has ordered enforcement of an adjudicator’s award on the basis that a kilometre-long conveyor system had a sufficient degree of permanency to render its installation a ‘construction operation’ within the meaning of the Housing Grants, Construction and Regeneration Act 1996.

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Leasehold Enfranchisement Can Be a Tricky Business

Published on: 21 December 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Leasehold Enfranchisement Can Be a Tricky Business

In an example of the intricate problems that can face flat dwellers in their attempts to become freeholders, tenants who failed to comply with the letter of the law have had their hopes of ousting their landlords dashed by a Court of Appeal ruling.

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Court Stymies Council’s Bid to Tame Rogue Landlords

Published on: 14 December 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Court Stymies Council’s Bid to Tame Rogue Landlords

A beleaguered local authority’s attempt to use the licensing regime to bring rogue landlords and their antisocial tenants to heel has been scotched by the High Court on grounds that strict procedural requirements relating to public consultation and ministerial approval were not met.

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Marital Breakdown Leaves Council Tenant High and Dry

Published on: 07 December 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Marital Breakdown Leaves Council Tenant High and Dry

In a warning to council tenants that the consequences of marital breakdown can be more than just financial or emotional, a husband lost his family home of many years after his wife left him and gave their local authority landlord notice to quit.

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Landlord Must Pay £550,000 for Defying Planning Laws

Published on: 23 November 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In a warning to landowners that the consequences of defying planning laws can be dire, a landlord who let his property to multiple tenants without authority has been hit with a fine, a confiscation order and a legal costs bill, totalling more than £550,000.

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Anti-Social Caravan Dweller Spared by Supreme Court

Published on: 10 November 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Anti-Social Caravan Dweller Spared by Supreme Court

In an unusual case of interest to landlords in general, and owners of mobile home parks in particular, a mentally ill caravan dweller who was wont to jump out and startle other residents has been spared from eviction by the Supreme Court.

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Tenants at War Over Management Company Voting Rights

Published on: 24 September 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Tenants at War Over Management Company Voting Rights

In a warning to flat dwellers that a stake in a management company is not always a panacea, lengthy litigation and a Court of Appeal ruling were necessary to break a deadlock which set tenant against tenant in a dispute over corporate voting rights.

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Estate Tenants Challenge Crushing Service Charge Bills

Published on: 15 September 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Estate Tenants Challenge Crushing Service Charge Bills

Long leaseholders on a council-owned housing estate - who were hit with service charge demands running into tens of thousands of pounds each following major refurbishment works - have had their hopes of reducing their bills boosted.

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Seven-Figure Price of Epic Restaurant Lease Dispute

Published on: 03 September 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Seven-Figure Price of Epic Restaurant Lease Dispute

A total breakdown of trust and confidence between the tenants of a pizza restaurant and their landlord led to an epic High Court battle and seven-figure legal costs bills which hugely exceeded the relatively modest sums at stake.

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Mental Illness and Secure Tenancies – Court Guidance

Published on: 25 August 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Mental Illness and Secure Tenancies – Court Guidance

A woman suffering from paranoid schizophrenia who fiercely objected to giving up her secure council tenancy so that she could be moved into a sheltered home has had the decision taken out of her hands following a High Court ruling.

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£1.3 Million Property Sale Validly Terminated by Vendor

Published on: 06 August 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

A would-be developer who spent much time and effort obtaining planning permission to convert an office block into flats will receive nothing for its trouble after the High Court ruled that the vendor was entitled to withdraw from the £1.3 million sale.

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Freeholder Faces £590,000 Rates Bill After Tenant Goes Bust

Published on: 29 July 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Following a High Court ruling, commercial property freeholders have been landed with a stinging £590,000 non-domestic rates bill in respect of an office block which had stood empty for more than two years after their tenants went bust.

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Businessman Jailed Over ‘Death Trap’ Hotel

Published on: 15 July 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Businessman Jailed Over ‘Death Trap’ Hotel

In a warning to hoteliers and other commercial property owners that breaches of fire safety rules can lead to imprisonment, a businessman whose hotel was described as a ‘death trap’ which put the lives of staff and guests at risk was hit with a jail sentence.

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Record £250,000 Fine for Planning Breaches ‘Excessive’

Published on: 07 July 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Record £250,000 Fine for Planning Breaches ‘Excessive’

A businessman who was hit with a record £250,000 fine for his repeated defiance of planning laws in making unauthorised use of farmland for non-agricultural purposes has had his ‘too severe’ penalty more than halved by the Court of Appeal.

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Tenants! Obey Lease Covenants or Pay the Price!

Published on: 02 July 2014 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Tenants! Obey Lease Covenants or Pay the Price!

Leaseholders who fail to obey covenants in their leases should beware after a shop tenant who unreasonably refused her landlord access to inspect the premises was put out on her ear by a Court of Appeal decision.

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