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Property news
Max Thorowgood reviews this High Court case in which he represented the appellants. The claimants claimed title to a passageway between two commercial buildings by reason of adverse possession.
A husband’s unsuccessful second appeal in possession proceedings which depended upon the proper interpretation of a Consent Order in financial remedy proceedings.
The latest news in this ongoing and controversial problem is yesterday’s Government announcement of a £3.5bn fund towards the repair/removal of dangerous cladding on high-rise buildings in England.
The Civil Procedure Rules Practice Direction 55C, which came into force on 23 August 2020, has been extended from 28 March 2021 to 30 July 2021. The deadline for reactivation notices has also been extended from 29 January 2021 to 4pm on 30 April 2021.
This decision is significant for local authority landlords as there are tens of thousands of flexible tenancies in England and most may not have forfeiture clauses.
Sarah Salmon is acting for the London Borough of Hounslow in a High Court case to decide issues of principle in local authority claims for injunctions against ‘persons unknown’. The case could have much wider application as local authorities have used the same statutory provisions to seek injunctions against ‘persons unknown’ to restrain raves and car cruising (among other things).
The Court of Appeal judgment in Prempeh v Lakhany considered 2 issues that have been raised against landlords recently in respect of s.8, Housing Act 1988 notices.
When a tenant dies, the contractual tenancy survives, meaning possession of the property cannot be obtained from the (non-succeeding) current residents until that tenancy is terminated by notice to quit. But how is that process carried out if probate (or letters of administration) have not yet been granted?
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