Practice point
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Applicants succeed in second modification of covenants despite breach
Discharge or modification of a restrictive covenant has two stages: establishing the ground and the exercise of the court’s discretion
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Mineral extraction impacts are not relevant during mineral exploration
High Court has said impacts are not a material consideration for an application
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Unprotected deposit leads to multiple awards
An appeal brought by a tenant against a deputy district judge’s decision
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Proprietary estoppel prevents unconscionability
This is the case, even where a contract fails for lack of formalities
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Local authority not liable for failure to repair verge
For common law liability a positive act is necessary
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Service charges: irrelevant considerations when making a section 20C order
The Landlord and Tenant Act 1985 should not be used to punish breach of covenant
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Service charges: reasonableness of costs incurred
Questions of reasonableness must be assessed in light of the specific facts of each case
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Footpath diversion: tests not properly applied
Three tests must be applied when considering the diversion of a footpath
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Service charges and building insurance
A determination of the reasonableness of service charges for building insurance cover
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Service charges: procedural fairness
The FTT must give weight to the need to deal with cases fairly and justly
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When is an agreement an agreement for lease?
Court has dismissed an appeal in Moqsud Ahmed Khan v Abdul Malik and another
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Conduct throughout relevant to whether tenant ‘ought not’ to be granted a new business tenancy
The Court of Appeal has considered these issues in Harmonder Singh Gill v Lees News Ltd