Practice point
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Lease renewal: judge applied correct legal test in ordering redevelopment break clause
The Landlord and Tenant Act 1954 is not intended to prevent a landlord’s redevelopment ambitions
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Claim for possession: estoppel defence fails for want of representation, reliance or detriment
To succeed in a proprietary estoppel claim the elements of representation, reliance and detriment…
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Lease variation facilitates fire safety works
The First-tier Tribunal has used section 35 of the Landlord and Tenant Act 1987 to vary leases…
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Deliberate and sustained course of conduct amounts to harassment
Harassment is a persistent and deliberate course of unreasonable and oppressive conduct, targeted…
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Proprietary estoppel: unconscionable for father to renege on assurances of equal shares
A continuing commitment to a family business over 40 years, following acquisition of significant…
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Bankruptcy petition fails for non-compliance with section 48 LTA 1987
Until a landlord provides its tenant with an address in England and Wales for service of notices…
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Compulsory purchase compensation: claim for injurious affection cannot reflect nine-year delay
A claim for injurious affection – to reflect the damage sustained by the landowner’s retained land…
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Service charges: lack of clarity in application
A party making an application for a determination as to the reasonableness and payability of…
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Rent determination: when an oral hearing will ordinarily be required
The First-tier Tribunal should not ordinarily make a determination on the papers in circumstances…
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Loss sustained on sale of unique property not caused by negligent valuation
A claim for damages for a negligent property valuation requires both a negligent valuation and…
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Mortgage lender not fixed with constructive notice of undue influence
In order to be fixed with constructive notice of undue influence, a mortgage lender must be put on…
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Transactions at an undervalue require an intention to defeat creditors
To succeed in an application under section 423 of the Insolvency Act 1986 – which empowers…