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Flat Tenant Can Veto Potentially Destructive Works - Supreme Court Ruling

The freeholds of a great many blocks of flats are held by tenant-owned companies which operate on democratic principles. Such arrangements are, however, not a panacea and disagreements can arise. A guideline Supreme Court decision will, however, make it...

Warehouse Torched By Rioters - Owner of Destroyed Stock Wins £5 Million

Civil unrest is thankfully rare in Britain, but it does occur and anyone who suffers loss as a result should contact a solicitor without delay. In a case on point, a company that lost stock worth millions in a blazing warehouse at the height of the August...

Infrastructure Projects and Access to Private Land - High Court Test Case

Public authorities engaged in nationally significant infrastructure projects have the power to enter private land to carry out necessary surveys. An important High Court ruling in the context of the proposed construction of a road tunnel near Stonehenge...

Tenants Win Right to Acquire Subsoil and Airspace in Guideline Case

Qualifying apartment dwellers have a right to acquire the freehold of the buildings where they live, but does that extend to the subsoil beneath the premises and the airspace above? The Court of Appeal addressed that critical issue in a guideline decision....

Reinstatement Value - Factory Fire Triggers Insurance Test Case

Many insurance policies state that amounts payable in the event of loss or damage to property will be calculated on a reinstatement basis – but what exactly does that mean? The Court of Appeal considered that fundamental issue in the context of a...

When Do Two Offices Become One for Rating Purposes?

Are adjacent commercial properties in common occupation, but divided by a service area, to be treated as one unit or two for business rates purposes? The Upper Tribunal (UT) has tackled that thorny issue in a case that clarified the law and will have...

Cafe Tenants Pay Price for Entering Into Unauthorised Sublease

Many commercial leases ban tenants from subletting the premises and breaching such embargoes can have severe consequences. In one case, tenants of a local authority-owned café sacrificed their rights by subletting it to a company. The tenants, who...

Council Clamps Down on Overcrowded Flats - Landlords Take Note!

The burgeoning demand for rented accommodation has encouraged some landlords to create flats which are not large enough to swing a proverbial cat. However, as a decision of the First-tier Tribunal (FTT) strikingly showed, local authorities have the power to...

HS2 Compulsory Land Acquisition - Court of Appeal Cautionary Tale

If you receive notice that your commercial property is to be compulsorily purchased to make way for a public infrastructure project, the only wise course is to take legal advice immediately. A Court of Appeal case concerning the HS2 railway project ...

Commercial Landlords Not Liable for Carbon Monoxide Poisoning Outbreak

Do landlords of commercial premises continue to be occupiers of the premises, thus owing a duty of care to tenants' visitors? In a guideline case concerning an outbreak of carbon monoxide poisoning at a beauty school, the High Court has answered that...
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