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How courts will hear disputes on wills and the strict test which a claim will require to be evidenced to prove or disprove undue influence and a lack of testamentary?

Poll v. Bartholomew [2006] EWHCSummaryThe case of Poll v. Bartholomew [2006] EWHC relates a claim on the issue as to whether a will was validly executed, together with testamentary capacity and the effects of undue influence. The decision of the High Court sets a wid...

What is the result of a landlord tenant conflict based on service charges and the management of a residential property.

Selwyn-Smith v Gompels (2009)SummarySelwyn-Smith v Gompels (2009) is a case derived as a result of a landlord tenant conflict based on service charges and the management of a residential property. The lease among the residential short-hold tenant, originally given by...

Where is the proper positioning of the boundary line between the properties?

Corker v Wilson (2006)SummaryThe case Corker v Wilson (2006) is a case of property dispute that is actually centred on the problem of boundary that separate two neighbouring properties. That is the problem that has raised most. The proper positioning of the boundary ...

Investigation about adverse possession of land law was claimed and the matters regarding the rights of squatters against property owners?

Quinn v Scott [1965] 1 WLR 1004SummaryQuinn v Scott [1965] 1 WLR 1004 is a landmark case registered in the English land court where adverse possession of land law was claimed and the matters regarding the rights of squatters against property owners have been put unde...

What is the meaning of a term in a construction contract?

Stagecoach South Western Trains Ltd v (1) Kathleen Hind (2) Andrew Steel [2014] EWHC 1891 (TCC)SummaryThe case of Stagecoach South Western Trains Ltd v (1) Kathleen Hind (2) Andrew Steel [2014] EWHC 1891 (TCC) is a case that includes an element of dispute regarding a...

About tenant rights, the interpretation of statutory provision, and the procedure to follow in the exercise of the Right to Buy

Chapman v Barking and Dagenham London Borough Council [1997] 2 EGLR 141SummaryThe case of Chapman v Barking and Dagenham London Borough Council [1997] 2 EGLR 141 is a case disputing the entitlement of the holder of the tenancy to buy the council property under the Ri...

Whether the local authority can be liable to pay for the damage caused by public-land trees whose roots extend and cause damage to private land?

Delaware Mansions Ltd and Others v Westminster City Council [2001] 44 EG 150SummaryThe case of Delaware Mansions Ltd and Others v Westminster City Council [2001] 44 EG 150 deals with a local authority's liability for damage caused by the roots of a tree to private pr...

What are the responsibilities that the parties contract out of regarding statutory obligations that pertain to the repair and maintenance of dwelling houses

The case of Fishbourne Developments Ltd v Stephens [2020] EWCA CivSummaryThe case of Fishbourne Developments Ltd v Stephens [2020] EWCA Civ 1704 is about a dispute between a lease and, in particular, the responsibilities that the parties contract out of regarding sta...

Equitable doctrines insofar as informal agreements or assurances may be reached upon for matters dealing with property ownership and the expectations that ensue post any such agreement.

Gabb v Farrokhzad [2022] EWHSummaryThe case of Gabb v Farrokhzad [2022] EWHC 212 (Ch) is a judgment passed in the Chancery Division of the High Court of England and Wales governing complex issues such as property rights, proprietary estoppel, and constructive trusts....

Interpretation of given contractual terms specifying rent review mechanism under a lease agreement between E.ON UK plc and Gilesports Ltd.

E.ON UK plc v Gilesports Ltd [2012] EWHC 2172 (Ch)SummaryE.ON UK plc v Gilesports Ltd [2012] EWHC 2172 (Ch) is a case that carries immense importance within the realms of commercial leases and specially in the context of the interpretation of rent review clauses. The...

What are the responsibilities for maintenance and repair works of tenants?

18 St Clairs, Croydon, Decided 17th MarchSummaryThe decision of 18 St Clairs, Croydon, determined on 17th March 2008 is a case that entails a landlord's fight with the Tenant for the performance of lease terms but most necessary with regards to responsibilities for m...

Question of construction of lease pacts, reasonableness of servicer charges that are levied and the obligations on the freeholder and the managing agents in the management and maintenance of the property.

Eve Court (2008)SummaryThe Eve Court (2008) is a case which involves a dispute by the leaseholders on the service charges and the management of the residential property. The case is a legal fight on question of construction of lease pacts, reasonableness of servicer ...

The case verifies the reasonability of the service charges, the justification for which the charges were authoritatively imposed and the way the lease terms are to be understood under which such charges are effected.

6 Grantley HouseSummaryThe case 6 Grantley House is an issue where there have been disagreements on service charges which are claimed to have been charged to by the landlord to the tenants to the property. The case verifies the reasonability of the service charges, t...

What are the rights of the lessees, the alterations tenant is allowed to do to any of the flat and the construction of under lease concerning the development right

Roof Development (Hannon v 169 Queen's Gate Limited)SummaryThis is an application relating to a proposed refurbishment development across the roof of a premises by 169 Queen's Gate Limited, the Freeholder, and an affected Mr. Hannon, who is a leaseholder. This applic...

What are interpretations involving lease provisions and rights of the landlord and the tenant of their capacity to have their say on the lease renewals?

Pole Properties Limited v Feinberg [1982] 43 P&CR 121 (Court of Appeal)SummaryIn the matter Pole Properties Limited v Feinberg [1982] 43 P&CR 121, the courts had summed interpretations involving lease provisions and rights of the landlord and the tenant of th...

Whether certain ground rent increases stipulated in the lease agreements were enforceable

Aviva Investors Ground Rent GP Ltd and another (Respondents) v Williams and others (Appellants)SummaryThe case of Aviva Investors Ground Rent GP Ltd and another (Respondents) v Williams and others (Appellants) revolves around the interpretation and enforcement of gro...

What is the case with an alleged breach of contract?

Veba Oil Supply & Trading GmbH v Petrotrade Inc [2001] EWCA Civ 1832; [2002] 1 Lloyd's Rep. 295SummaryThe case of Veba Oil Supply & Trading GmbH v Petrotrade Inc unfolds a claim before the court concerning an alleged breach of contract in a contractual agreem...

The allegations of lax construction practices and the extent of liability for the resultant defects.

DIXONS GROUP plc v JAN ANDREW MURRAY-OBOYNSKI and Others (1998) 86 BLR 16SummaryThe case of Dixons Group plc v Jan Andrew Murray-Oboynski and Others (1998) 86 BLR 16 involves a legal dispute dealing with defects in construction works: the same had been carried out by...

What is the construction of a restrictive covenant imposed on a parcel of residential property and how such a covenant would have affected future development?

Skelton v DBS Homes (Kings Hill) Ltd [2017] EWCA Civ 1139, [2018] 1 WLR 362SummarySkelton v DBS Homes (Kings Hill) is a leading case in the law of property pertaining to the enforcement of restrictive covenants. The judgment by the Court of Appeal was essentially bas...

The case identifies disputes arising over property right, property law, and the exposition of tenancy agreements in public authority leases.

Brent LBC v Shulem B Association [2011] EWHC 1663 (Ch)SummaryThe case of Brent London Borough Council (LBC) v Shulem B Association [2011] EWHC 1663 (Ch) concerns a claim for the determination of the court in matters of property possession. Brent LBC sought possession...

Whether the claimed service charge from its tenant is reasonable?

Holding & Management (Solitaire) Limited v Sherwin [2010] UKUT 412 (LC)SummaryThe case of Holding & Management (Solitaire) Limited v Sherwin [2010] UKUT 412 (LC) is a case in which the landlord, Holding & Management (Solitaire) Limited (H&M), claimed ...

Whether the service charges claimed by the landlord were reasonable and recoverable under the lease.

Court of Appeal – [2020] UKUT 163 (LC) No. 1 West India Quay (Residential) Ltd Vs East Tower Apartments LtdSummaryThe case of No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2020] UKUT 163 (LC) is a service charge landlord and tenant dispute. The...

Section 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landlords.

Non-Compliance with Section 22SummarySection 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landl...

What are legal duties and rights between landlords and tenants?

Taber v. MacDonald and Clockscreen Holdings Ltd (1999) 31 HLR 73, the Divisional CourtSummaryOne of the most famous decisions in the field of housing law is Taber v. MacDonald and Clockscreen Holdings Ltd, in the Divisional Court, at (1999) 31 HLR 73. The case debate...

Establish the matter with relation to the proper construction and application of the lease terms and, in particular, the management and the service element charges that were to be produced to the lease holder.

Gell v 32 St John's Road (Eastbourne) Management Company Ltd [2021]SummaryGell v 32 St John's Road (Eastbourne) Management Company Ltd [2021] is predominantly developed along the lines of the singular issue that challenges the common sense of the service charges by t...

Reasonableness of service charges and the obligations of the landlord or the management company under any specified lease agreement.

Morshead Mansions Ltd v Leon di Marco [2014] EWCA Civ 96SummaryThe case of Morshead Mansions Ltd v Leon di Marco [2014] EWCA Civ 96 is a landmark judgment by the Court of Appeal of England that has deliberated upon issues regarding residential service charges and the...

Dispute relation to the reasonableness of service charges and the obligations of a landlord left in the lease.

Plantation Wharf Management Co Ltd v Jackson and Another [2019] UKUT 236 (LC)SummaryBackground Facts Plantation Wharf Management Co Ltd v Jackson and Another [2019] UKUT 236 (LC) is a case of a dispute relation to the reasonableness of service charges and the obligat...

Questions of the reasonableness and quantum of service charges paid in relation to a freeholder and leaseholders.

Riverpoint, High St, Waltham Cross EN8 7JASummaryThe dispute involves questions of the reasonableness and quantum of service charges paid in relation to a freeholder and leaseholders. Said case was originally filed in the First-tier Tribunal (Property Chamber) and th...

What are vital aspects of the law of the landlord and tenant?

Iperion Investments Corp. V Broadwalk House Residents Ltd [1995] 2 EGLR 47SummaryIperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 was a dispute involving rights of management and service charge as executed in a residential lease. The details...

Whether it's reasonable of service charges that the landlord was demanding?

17 Dartmouth RoadSummaryThis case looks at a dispute at 17 Dartmouth Road between the landlord and his tenants concerning the reasonableness of service charges that the landlord was demanding. In its decision, the Upper Tribunal has gone through service charge provis...