Property cases

Witnesses must be careful to tell the truth because of the obligation to give Disclosure.

Ensure applications for consent are properly served on landlords.

When determining the terms of a common intention constructive trust where 2 friends had bought a property together, the Court can look at the conduct of the parties throughout their relationship and is not bound by the financial contributions each made.

Project Managers owe substantial duties to protect their client’s interests.

Parties who jump the gun may well suffer the consequences.

A residential tenant of a block of flats unsuccessfully applied under s.84 (12) of the Law of Property Act 1925 to discharge or modify an absolute covenant against sub-letting of his flat. Under the Act, a tenant of a Lease for more than 40 years, of which 25 years have expired, can apply to the Upper Tribunal (Lands Chamber) to discharge or modify any restriction on use or alterations in the same way, and on the same basis, as an owner of freehold land can apply to discharge or modify a restrictive covenant.

Tenants may be able to free themselves from obsolete Lease restrictions.

Chickens are coming home to roost for guarantors of leases.

Solicitors’ advice should not be too forthright.

The Court will not readily correct documents drafted by experienced and skilled solicitors.