Property cases

Developer escapes liability for failing to undertake obscure search.

It is difficult to imply a term into a lease and parties need to spell out the position clearly regarding re-imbursement payments for rent, service charge, sinking fund, and insurance when a Lease can be ended early.

Pay close attention to lease requirements when calculating service charge and crediting provisional sums.

Ensure the right parties make the statutory application for a new business tenancy.

Provisions in residential leases enabling landlords to determine each tenant’s service charge proportion may be void.

Failure to highlight a property price discrepancy may cost solicitors dearly.

Being excessively litigious could prevent a tenant being granted a statutory renewal lease.

Tenants may have greater rights than they think.

Convenience and not necessity is the test as to whether interference with a right is actionable.

Supreme Court reviews and changes law as to private nuisance and appropriate remedies.