Practice and procedure – County court – Assessor – Defendant social landlord seeking possession of property occupied by appellant tenant lacking capacity – Court appointing assessor to assist with proceedings – Judge refusing appellant’s application for disclosure of assessor’s advice – Whether refusal to order disclosure amounting to procedural unfairness – Appeal dismissed The respondent […]
Town and country planning – Legitimate expectation – Judicial review – Defendant proposing network of greenways connecting outlying villages to city centre — Claimant parish council seeking judicial review of defendant’s decision to progress greenway through village – Claimant seeking to rely on alleged promise – Whether claimant having substantive legitimate expectation that route would […]
COMMENT ECF’s Sir Michael Lyons on revitalising communities
Local democracy draws the focus of the Supreme Court and the government
The M&S Marble Arch case demonstrates the importance of a flexible approach to retrofit vs rebuild
It is for the objector to establish the effect of the restriction in reducing consideration at the date of sale to justify an award of compensation under section 84(1)(ii) of the Law of Property Act 1925. The Upper Tribunal (Lands Chamber) has considered this in Richard Gennard v Leicester City Council [2025] UKUT 121 (LC). […]
When reviewing the issue of factual possession and control for the purposes of adverse possession it is necessary to consider the whole of the land and the functional relationship between different areas. The Upper Tribunal (Lands Chamber) have considered this issue, allowing an appeal from the First-tier Tribunal in Paul Richard Kirkman v Bradshaw Pub […]
Uncertainties over the duties and requirements of a principal designer under the Building Regulations
Town and country planning – Lawful development certificate – Claimant local authority applying for statutory review of decision of planning inspector to grant lawful development certificate confirming use of land and buildings for research and development and veterinary clinical services within Use Class E – Whether inspector correctly interpreting Class E(e) and E(g)(ii) of Town […]
The risks of not paying attention to the provisions of the Joint Contracts Tribunal suite of construction contracts
COMMENT Harris Associates’ Alex Matthews on a shift in design and delivery
COMMENT SEGRO’s CIO on his first months in the role
Whether a building is capable of beneficial occupation for rates purposes requires an objective assessment of the physical state of the property on the material day. The Upper Tribunal (Lands Chamber) has considered this issue in BNPPDS(J) Limited and another v Amanda Hutchings (Valuation Officer) [2025] UKUT 104 (LC). The case concerned a warehouse on […]
Landlord and tenant – First-tier tribunal – Procedure – Respondents applying to First-tier Tribunal challenging reasonableness of demand for service charges – FTT raising new issue of contractual liability at beginning of hearing – Appellant appealing – Whether unfair conduct of hearing leading to the appearance of bias – Whether FTT wrong to admit new […]
Housing – Rent repayment order – Procedure – First-tier Tribunal making rent repayment orders in favour of respondents – Appellant challenging decision – FTT carrying out review and reducing sum payable – Appellant appealing – Whether FTT properly exercising statutory power of review – Whether FTT correctly deciding appellant was landlord of property – Whether […]
COMMENT Atrato Group’s Adrian D’Enrico on delivering for investors and residents
A boundary demarcation agreement, the purpose of which is to define a previously unclear or uncertain boundary even if it includes the transfer of a trivial amount of land, is binding on the parties and their successors in title irrespective of knowledge.
Our latest issue has a fresh design and more news, analysis and opinion
Boundaries – Boundary agreement – Transfer – Boundary between parties’ adjoining properties defined by predecessors in boundary agreement – Appellant demolishing part of boundary wall to carry out extension – Respondents alleging works trespassing on their land and claiming damages – Court dealing with preliminary issues as to existence and effect of boundary agreement – […]
Where an application to extend the appointment of a manager appointed under Part 2 Landlord and Tenant Act 1987 is made before the date on which the appointment would otherwise determine but heard after that time the first tier tribunal may vary the original management order by extending the period of appointment. In Kirk and […]
Receivers are appointed personally and owe their duties to creditors not to their employers who are not vicariously liable for their actions. The High Court has considered this dismissing an appeal in Paul Yerbury v Azets Holdings Limited [2025] EWHC 757 (KB). The case concerned the purchase in June 2015 of a site in Herne […]
The managers of London’s Olympic Village have set aside £433m to cover the costs of fire safety works across the East Village estate, according to its latest filed accounts. Meanwhile, the freehold owner of the estate has said it is “pursuing” the Government appointed contractors who built the properties. The sum is significantly more than […]
Landlord and tenant – Service charges – Administration charge – First-tier tribunal determining service charges payable by respondent – Respondent paying service charges apart from sum claimed as credit – FTT allowing application for outstanding service charge and administration charge – Upper Tribunal allowing appeal – Whether FTT having jurisdiction to resolve application – Whether […]
King & Spalding’s footprint will cover almost 50,000 sq ft
Land registration – Adverse possession – Factual possession – Appellant seeking first registration of narrow strip of unbuilt land between two buildings both secured by appellant – Buildings used for storage but not enclosed on one side – First-tier tribunal directing registration of part of land – Appellant appealing – Whether appellant having sufficient control […]
Case centres on mental health moratoriums
Redevelopment as a ground of opposition to a renewal agreement under the Electronic Communications Code derives from section 30(1)(f) of the Landlord and Tenant Act 1954. The core idea is the same. The Upper Tribunal (Lands Chamber) considered this in Vodafone Limited v Icon Tower Infrastructure Limited and another [2025] UKUT 00058 LC. The case […]
Landlord and tenant – Appointment of manager – Extension of time – Section 24 of Landlord and Tenant Act 1987 – Appellants applying for extension of management order before expiry of original appointment – Application not determined until after expiry of original appointment – First-tier tribunal deciding lacked jurisdiction to consider application – Appellants appealing […]
COMMENT Workman’s Amy Farr says government rhetoric about 2029 should be on 2025’s to-do list
Mortgage – Receivers – Vicarious liability – Lender serving default notice when borrower failed to repay loan – LPA receivers appointed employed by respondent – Appellant assignee alleging receivers sold property to connected person below market value and claiming against respondent employer – Master striking out claim on respondent’s application – Appellant appealing – Whether […]
Will a new land use framework for England clarify or complicate the picture?
Property – Possession order – Mental health crisis moratorium – Claimant judgment creditor applying to cancel mental health moratorium in favour of defendant – Judge deciding enforcement prohibited without permission of court – Appellant appealing – Whether claimant entitled to order where judgment relating only in part to moratorium debt or security sought to be […]
COMMENT Office Space in Town’s Georgia Sandom on the return to the office
Why companies must demonstrate their commitment to tackling workplace bullying and harassment
The merits for developers of partnering with luxury hotel operators and quality marques
Some of the most significant legal developments affecting real estate
Town and country planning – Planning permission – Protected landscape – Second defendant applying for planning permission for residential extension – Inspector appointed by secretary of state granting permission on appeal – Claimant seeking statutory review – Whether inspector misdirecting himself on local plan policy – Whether inspector failing to discharge duty under section 11A(1A) […]
COMMENT FirstPort’s Martin King on the skills needed by industry professionals
Landlord and Tenant – ground (f) fails for lack of funding To satisfy section 30(1)(f) of the Landlord and Tenant Act 1954 a landlord must establish both a subjective and an objective intention to carry out works of demolition or reconstruction within a reasonable time of determination of the current tenancy. The court has considered […]
Rating – Non-domestic rates – Alteration of list – Works carried out at property following termination of lease and prior to opening as delivery kitchen – Appellant applying to reduce rateable value to £1 for duration of works – Valuation tribunal upholding decision to refuse application – Appellant appealing – Whether property incapable of beneficial […]
Bill’s view on the week’s news will debut in a redesigned magazine on 5 April
Local authority – Planning application – Voting rights – Interested party applying for planning permission to redevelop site – Respondent’s development committee deferring consideration of application – Committee rules restricted voting at subsequent meeting to members attending original meeting – Reconstituted committee granting permission – Court of Appeal upholding refusal of judicial review – Whether […]
Costs – First-tier tribunal – Rule 13(1)(b) of Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 – Appellant appealing to FTT against improvement notice – FTT allowing appeal – Successful appellant’s application for costs of appeal refused by FTT – Appellant appealing – Whether appellant’s case presented on flawed basis – Whether FTT’s assessment of […]
COMMENT Ben Henry on the outlook for PBSA investment
A decision on a contract variation to avoid paying damages for repudiatory breach of contract
Attempts to renegotiate the c. £130m price tag led to the deal’s undoing
Residents want the recently built Arbour Tower pulled down
How empty property rates has negatively changed the behaviour of property owners
The arduous process of legally removing uninvited occupants from commercial premises
The looming closure of Prince Charles Cinema reflects concerns for London’s independent businesses
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