Property Law Library
Boundaries and adverse possession
Deeds, plans and boundary features
Adverse possession and Pye v Graham
Land Registration Act 2002
Acknowledgement of title
Trees and hedges
Business lease renewal
Does the Act apply?
Section 25 notices
Section 26 requests
New lease terms
Easements on renewal
Insolvency of landlord
Registration of claim
Electronic Communications Code
Co-ownership and estoppel
Orders for sale
Legal and beneficial ownership
Pallant v Morgan
Yeomans Row v Cobbe
Assurance and reliance - Thorner
Laches and estoppel
Satisfying the equity
Construing rights of way
Extent of grant
Implied and s62
Increasing the burden
Parking and mooring
Repair to right of way
Right to light
Excluding the right
Sporting and recreational rights
Types of easement
Landlord and tenant (general)
Material compliance and breaches
Repayment of rent
Chattels and fixtures
Change of use
Landlord's obligation to enforce
Construction of lease terms
Schedules and notices
Standard of repair
Damages and s18 cap
Extent of the demise
Section 146 notices
Settlement and discontinuance
Goods left on the premises
L & T (Covenants) Act 1995
Notices - service
Presumption of reality
Time of essence
Rent review notices
Restraint of trade
Service charges and insurance (general)
Subletting, sharing possession or occupation
Surrender by operation of law
Tenancy at will
Terms of the transfer
Unfair contract terms
Ground rent notices
Right to manage
Manager under 1987 Act
Right of first refusal
Service and administration charges and insurance
Construction of the lease
Service charge demands
Summary of leaseholder's rights
The 18-month rule
Consultation of tenants
Compromise of service charge dispute
Transfer to First-tier Tribunal
Variation of lease terms
Mobile homes and caravans
Limitation and shortfall
Counterclaim and set-off
Time to sell
Duties on sale
Negligence and loans
Solicitor's breach of trust and negligence
Tenants of mortgagees
Nuisance and trespass
Occupation by licensee
Abating the nuisance
Damages - account of profits
Defects in neighbouring property
Party walls (article)
Party Wall (cases)
Change of use
Damages in lieu of injunction
Protection from Eviction Act
Human Rights Act defences
Defective Premises Act
Failure to complete
Gifts of land
Guarantees and indemnities
Land Registration Reform
Misrepresentation and answers to enquiries
Notice to complete
Writing - s2 of 1989 Act
Public access to land
Right to roam
Town and village greens
The main cases
Cancellation of registration
User as of right
Family Intervention Tenancies
Injunctions under 1996 Act
Housing disrepair claims
Notice of disrepair - s11
Defective Premises Act
Liability of landlord
Damages for disrepair
Costs in disrepair cases
Notice to quit
Proceeds of crime
Rent Act 1977
Right to buy
Tenant's notice to quit
Benefit of covenants
Consent to development
Interpretation - breach
Modification and discharge
Variation under s610 of 1985 Act
John de Waal
Tactics and strategy at mediation
Mixed Use Properties
Boundaries and party walls.
Commons and village greens.
Conveyancing and property development.
Long leases and enfranchisement.
Cases and articles
Civil and Tribunal procedure
Neighbour and boundary disputes
Residential landlord and tenant
Statutes and SI's
Property Law Library
July 2019 update
is now available.
Topics this month:
Proprietary estoppel – satisfying the equity – payment of a sum of money ordered – proportionality of the award made.
Prescriptive easements – intensification of use - no radical change.
Landlord and tenant (general):
Licence to assign - guarantor liability.
Service Charges – natural justice – costs of running management companies; Service Charges – no sweeping up clause – no recovery for costs not mentioned.
Planning and village green registration – identification of land for potential development - trigger events.
Local Authority – statutory obligations - security of tenure; Housing Association - Public Sector Equality Duty; Estoppel – residential possession proceedings.
Solicitors Practice Points:
Rentcharges and Estate Rentcharges – lenders requirements.
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Have a lovely summer!
12 July 2019
Proprietary estoppel – detrimental reliance – satisfying the equity – proportionality of the award
Habberfield v Habberfield
 EWCA Civ 890
Proprietary estoppel case concerning a family run farming business. In satisfying the equity the court refused to transfer the farm to the claimant but instead ordered the payment of a cash sum. In deciding whether the award made by the judge was proportionate the relevant comparison was between the detriment and the remedy. Expectation is not determinative of the relief to be granted. The correct question to ask was whether the award was out of all proportion to the detriment.
Boundaries and easements - determining boundary where no original deed separating the properties - development and intensification of prescriptive easements
Stanning v Baldwin
 EWHC 1350 (Ch)
Existing prescriptive rights of way benefitting one house were enough to accommodate the construction and subsequent use of four terraced houses. The proposed development was not a radical change of use nor was it shown that the change of use would lead to excessive user.
The Court determined the location of a boundary as well as the extent of a right of way and drainage rights, in respect of an adjoining Common, in the light of a party’s development proposal to replace a property with four terraced houses with underground car parking.
Landlord and Tenant (General)
Licence to Assign - Guarantor Liability
Co-operative Group Food Ltd v A & A Shah Properties Ltd
 EWHC 941 (Ch)
The High Court held that a guarantee in a licence to assign took effect as a sub-guarantee and therefore the guarantor was not released from its liability for the continuing rent.
There are two cases this month:
Whether it is a breach of natural justice for the first-tier tribunal to determine a question which was not before it.
Whether landlord could recover sums spent on removing rubbish from a car park when the schedule of services in the tenancy agreement made no mention of the car park
Service Charges - natural justice - management costs – costs of managing management company
Chiswick Village Residents Ltd v Southey
 UKUT 148 (LC)
The Upper Tribunal held that it was a breach of natural justice when the First Tier Tribunal determined a question which was not before it and upon which no opportunity to adduce evidence had been given. Distinctions between the costs of managing tenant run companies and the costs of running the estate itself are likely to be illusory; the latter cannot be achieved without the former.
Service Charges - no sweeping up clause – no recovery of costs not mentioned
Wilcock v Guinness Partnership Ltd
 UKUT 146 LC
The Respondent landlord could not recover sums spent on removing rubbish from the car park in circumstances in which there was a schedule of services to be provided in the tenancy agreement, which made no mention of the car park.
Planning and village green registration - Trigger events
Wiltshire Council v Cooper Estates Strategic Land Ltd
 EWCA Civ 840
Inclusion within a settlement boundary in a development plan document was capable of identifying a parcel of land for “potential development” (amounting to a “trigger event”), thus precluding the right to apply for registration of the land as a town or village green. This issue relates to a change in the law in 2013 which has sought to bring a degree of harmony between the systems for village green registration and that for planning (giving primacy to the latter).
There are three cases this month:
Whether temporary accommodation given to an intentionally homeless person created a secure tenancy?
Whether the engagement of s.149 of the Equality Act 2010 required a judge to give directions in a claim for possession by a public sector landlord?
Whether a landlord was prevented by cause of action estoppel from obtaining a possession order in respect of a property in relation to which it already had a possession order?
Local Authority - statutory under the Children Act did not create a secure tenancy
Mohamed v Barnet London Borough Council
 EWHC 1012 (QB)
Accommodation granted by a Local Authority pursuant to duties under the Children Act 1989 did not create a secure tenancy because the lease provided for vacant possession to be granted on written or verbal notice. The exemption from security of tenure under Schedule 1 para 6 (b) the Housing Act 1985 applied.
Housing Association - Public Sector Equality Duty
London and Quadrant Housing Trust v Patrick
 EWHC 1263 (QB)
The engagement of
s149 of the Equality Act 2010
did not require a judge to give directions in a claim for possession by a public sector landlord, on the facts the judge had been entitled to dispose of the claim summarily.
Estoppel - residential possession proceedings
Salix Homes v Mantato
 EWCA Civ 445
A landlord was not prevented by cause of action estoppel from obtaining a possession order in respect of a property it already had a possession order in respect of.
Solicitors Practice Points
Rentcharges and Estate Rentcharges - Lenders Requirements
Barclays Bank, Nationwide Building Society & The Mortgage Works have made significant changes to their UKFML Handbook Part 2 entries. The requirements impose strict limits on accepting a property subject to a Rentcharge or Estate Rentcharge as an acceptable security.
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