The High Court has granted relief from forfeiture to a tenant 14 months after a landlord exercised his right to forfeit by peaceable re-entry. Whilst delay may ultimately be a decisive factor against granting relief, the Court has a wide discretion in reaching that decision. In this instance, the Court considered it wrong to base Read More
Monthly Archives: July 2016
Private tenants’ claims – Human Rights won’t wash
The Supreme Court has clarified that Article 8 of the European Convention on Human Rights (ECHR), an individual’s right to respect for private family life and their home, has no bearing on the court’s decision to grant a possession order against a private sector tenant.
Fiona McDonald occupied her home under an Assured Shorthold Tenancy Read More
Minor loss of light can prove very costly for the less than scrupulous Developer
Developers should beware of costly penalties for less than scrupulous behaviour when it comes to infringing their neighbours’ rights to light. In the appeal of Ottercroft Ltd v Scandia Care Ltd and anr, the Court of Appeal ruled in favour of the claimant whose rights to light were infringed by the defendant developers.
The Read More
Would you sell your own grandfather?
The dust has largely settled since the shock rise in SDLT rates on commercial property transactions announced in the Budget on 16 March. However, the SDLT changes still possess the power to trap the unwary – especially those who sought to avoid the increases by rushing transactions through before the Chancellor’s midnight deadline.
When HMRC Read More