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Property litigation and ADR.

The editor of this section of the site is Harriet Holmes barrister of Tanfield Chambers (www.tanfieldchambers.co.uk)

There are 8 cases this month:
  • In proceedings concerning the appointment of a manager for residential property an appeal against an order for injunctions with a penal notice attached was granted.
  • A restriction could be entered on the Land Register to prevent a disposition of land in breach of a Tomlin order containing a right of pre-emption.
  • An implied term would not be inserted into a consent order requiring disclosure of the rent paid by the landlord.
  • Although solicitors had been negligent in the drawing up of a loan agreement, they were not responsible for their client’s decision to make the loan.
  • A freeholder of a building was not liable under the Defective Premises Act 1972 where a man had died after falling down a staircase.
  • Where one of joint tenants was bankrupt a disclaimer served by the trustee in bankruptcy did not end the legal estate in the lease or the bankrupt’s liability to pay rent.
  • An interim injunction restringing a licensor from terminating a contractual licence for the occupation of a retail unit was not continued.
  • An extended civil restraint order was made for a two-year period.


Management orders

Injunction

Octagon Overseas Ltd v. Coates
[2017] EWHC 877 (Ch)

Summary

The Court allowed an appeal against an order for injunctions with a penal notice attached, in proceedings concerning the appointment of a manager over residential property. The court held that the court below had erred in granting the injunctions with a penal notice attached, and therefore the injunctions would need to be discharged.

Facts

F owned the freehold of a large estate comprising four blocks of flats and a number of commercial properties. The majority of the estate was let to T.

Following an application by a number of sub-tenants who were the owners of the flats the First-tier Tribunal appointed R as manager of the estate. The tribunal’s order required keys and certain documents to b ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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