Practice point
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Wild camping is permitted on Dartmoor Commons
Section 10(1) of the Dartmoor Commons Act 1985 allows the public to engage in open-air recreation…
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Insurers not entitled to refuse business interruption claims following fire
Where circumstances dictate, the court will entertain claims in construction, rectification and…
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Service charges: whether apportionment is just and equitable
If a tribunal is satisfied that there is a contractual provision that permits the landlord…
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Can an RTM company apply for a determination of a breach of covenant?
An RTM company can apply to the First-tier Tribunal for a determination under section 168(4)…
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Service charges: the approach to determining whether a charge is a variable service charge
When determining whether a charge is a variable service charge, it is advisable to start from…
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No double recovery in a claim for damages for unlawful eviction and proprietary estoppel
A claim for relief based on proprietary estoppel is not a claim for damages…
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Procedure: delay alone is not an abuse of process
Mere delay, however inordinate and inexcusable, does not, without more, constitute an abuse of…
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Park homes: the presumption of an increase in pitch fees in line with RPI is rebuttable
The First-tier Tribunal had applied the correct test in determining whether it was reasonable to…
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Service charges: reasonableness of estimated charges
The Upper Tribunal (Lands Chamber) has underscored that in relation to estimated charges…
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Civil penalty: power of FTT to vary a civil penalty
The First-tier Tribunal can depart from a local housing authority’s civil penalty policy and vary…
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Trustees’ decision not to join eviction proceedings was an exercise of discretion and not perverse
A trustee in bankruptcy can use its discretion under section 305(2) of the Insolvency Act 1986