3607 Search results found

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 […]

Cases with complex issues requiring exploration at trial are not suitable for summary possession or summary judgment. The High Court has considered this in Abbotsley Limited v Pheasantland Limited [2025] EWHC 654 (KB). CPR 55.8 provides that at a hearing of a claim for possession, or the adjourned hearing, the court may decide the claim […]

To outweigh the interest of the bankrupts’ creditors when considering a trustee’s application for sale the circumstances of the case must be exceptional. The unhappy circumstances within the class of the melancholy consequences of debt do not suffice. 100 Redcliffe Gardens London SW19 (the property) was a large Victorian building divided into six separate flats […]

There are three broad categories of information for a public body when reaching a decision: information which must be considered; information which must be disregarded; and information which may be considered in the exercise of the decision-maker’s judgment or discretion R (Friends of the Earth Ltd) v Secretary of State for Transport [2021] UKSC 52; […]

The dual purpose of a notice extending starter tenancies is to warn a tenant that their landlord is concerned that there have been breaches of the tenancy  and to extend the probationary period to allow the tenant to rectify the position. Where an EN contains an error but still fulfils its substantive purpose it will […]

The reasons for a planning decision must be intelligible and adequate and enable the reader to understand why the matter was decided as it was particularly on the principal important controversial issues Modwen Developments Ltd v SSCLG [2017] EWCA Civ 1643. The Administrative Court has considered this issue dismissing a challenge in NG8 2JR Limited […]

Aggravated trespass under section 68 of the Criminal Justice and Public Order Act 1994, like trespass at common law, is concerned with interference with possession of land, not ownership of it. The Administrative Court has confirmed this principle allowing joined appeals by way of case stated in Director of Public Prosecutions v Catherine Cannon and […]

A bankrupt’s failure to inform their trustee of bankruptcy of an interest in property has consequences under section 283A of the Insolvency Act 1986. The High Court has considered this issue in Scherzade Khilji v Amy Mehers and David George Hartwell [2025] EWCH 548 (Ch). Section 283A provides that where a bankrupt’s estate includes a […]

When considering the 20-year period of uninterrupted use of a right of way under section 31 of the Highways Act 1980 there is a distinction between an intermission and an interruption. The Administrative Court has considered this issue in The King on the application of the Ramblers’ Association v Secretary of State for Environment, Food […]

To decide whether there is an unenforceable sale and leaseback agreement it is necessary to identify the arrangement and when it was made. In Odhavji v (1) Caroline Tighe (2) Suranjan (Joseph) Cooray (3) K&C Properties Limited [2025]EWHC 372 (Ch) Mr Justice Fancourt dismissed an appeal against a decision that the appellant had failed to […]